United States DC Circuit

Digital Millennium Copyright Act section 512(h) does not authorize the issuance of a subpoena to an Internet Service Provider (ISP) acting solely as a conduit for data transferred between two internet users, such as persons sharing P2P files. A subpoena may be issued only to an ISP engaged in storing on its servers material that is infringing or the subject of infringing activity.

Appellate Information

• Decided 12/19/2003
• Published 12/19/2003

Judges

• Before:  GINSBURG, Chief Judge,and ROBERTS, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Andrew G. McBride argued the cause for appellant.   With him on the briefs were John Thorne, Bruce G. Joseph, Dineen P. Wasylik, and Kathryn L. Comerford., Megan E. Gray, Lawrence S. Robbins, Alan Untereiner, Christopher A. Hansen, Arthur B. Spitzer, and Cindy Cohn were on the brief for amici curiae Alliance for Public Technology, et al., in support of appellant., Paul Alan Levy, Alan B. Morrison, and Allison M. Zieve were on the brief for amicus curiae Public Citizen.


• For Appellees:
  
• Donald B. Verrilli, Jr. argued the cause for appellee Recording Industry Association of America, Inc.   With him on the brief were Thomas J. Perrelli and Matthew J. Oppenheim.  Deanne E. Maynard entered an appearance., Scott R. McIntosh, Attorney, U.S. Department of Justice, argued the cause for intervenor-appellee United States.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Douglas N. Letter, Attorney, U.S. Department of Justice., Paul B. Gaffney, Thomas G. Hentoff, Eric H. Smith, Patricia Polach, Ann Chaitovitz,Allan R. Adler, Joseph J. DiMona, Robert S. Giolito, and Chun T. Wright were on the brief for amici curiae Motion Picture Association of America, et al., in support of appellee Recording Industry Association of America. David E. Kendall entered an appearance.