CRIME From The Register - Interesting possible application of a legal tool

From: Todd Ellner (tellner@private)
Date: Thu Sep 18 2003 - 09:11:12 PDT

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    http://theregister.com/content/6/32905.html
    
    RIAA 'encouraging stalkers, molesters' - telco
    By Andrew Orlowski
    Posted: 18/09/2003 at 14:22 GMT
    
    
    US telco giant SBC has hit back at the Recording Industry Association of
    America's legal blitz against music lovers. 
    
    In testimony before the Senate this week, SBC's counsel Jim Ellis said that
    the RIAA was making an end run around the constitution by issuing a blitz of
    subpoenas with no judicial oversight. 
    
    Ellis argued that the legal tactics deployed by the RIAA could be adopted by
    Net stalkers and child molesters. 
    
    "Under the RIAA's interpretation of the law, anyone willing to pay a small
    fee and represent that its copyright is being violated would be entitled to
    know the name, address and phone number of the person behind an anonymous
    e-mail," said Ellis. "This would readily lead the Internet stalker, the
    child predator or the abusive spouse to their victims." 
    
    But the RIAA is already showing how. Its own stalking and child-bothering
    resulted in a public relations fiasco last week after a 12-year old girl was
    slapped with a lawsuit for using the Kazaa file sharing service. Brianna
    LaHara, a Manhattan schoolgirl living in public housing became the first to
    settle with the RIAA: the lobby group extracting a $2,000 fine despite there
    being no evidence that her downloading activity caused the loss of a single
    CD sale or a cent in artist's royalties. 
    
    The RIAA had its defenders, however: Senator Barbara Boxer (D) blasted both
    SBC and Verizon for "encouraging" music downloads. She quoted from a Verizon
    brochure Verizon Online – Your Guide to Broadband Living and Content [PDF,
    8MB] and accused the ISPs of "attempting to protect privacy of theft." 
    
    Verizon lawyer William Barr pointed out that Boxer had got her knickers in a twist, and accused her of taking the quote out of context. ® 
    



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