April 27, 2003

Privacy: Are the DCMA subpoena provisions violative of Due Process?

Wired New reporter, Katie Dean, in her article entitled Online Anonymity Comes Under Fire, quetions whether the ruling issued this week by Judge John Bates of U.S. District Court in Washington, D.C. regarding the subpoena granted on behalf of the Recording Industry Association of America which required Verizon to turn over the names of two of its subscribers opens the door for almost anyone who makes a claim that their copyright has been infringed, whether substantiated or not, to obtain information that most of us thought was private.

"To us, the biggest privacy problem for Internet users is the people whose identity is unmasked never get any notice that they've been the target of one of these subpoenas," said Alan Davidson, associate director for the Center for Democracy & Technology, a privacy advocate group. "Notice is one of the bedrock principles of privacy and Fourth Amendment law because it gives you the opportunity to challenge an improper request and to know that your privacy has been invaded."

Posted by Tiger at April 27, 2003 02:00 AM