e-Commerce Docket Sheet

The subpoena power authorized under '512(h) of the Digital Millennium Copyright Act does not violate the case or controversy requirement of Article III, and does not abridge Internet users' First Amendment rights. In re: Verizon Internet Services, Inc., Subpoena Enforcement Matter, Civ. No. 03-MS-0040 (D.D.C. Apr. 24, 2003). The defendant Internet service provider moved to quash on constitutional grounds a subpoena seeking the identity of an anonymous Internet user alleged to have infringed copyrights. Denying the motion to quash, the district court held that the requirements of '512(h) provide sufficient safeguards of Internet users' First Amendment rights, and that issuance of a subpoena unrelated to a pending federal action did not violate the case or controversy requirement.

DMCA Protection Extended To Virtual Private Network

Circumvention of the encryption and password protections of a virtual private network (VPN) to gain unauthorized access to copyrighted software may be a violation of the Digital Millennium Copyright Act (DMCA). Pearl Investments, LLC v. Standard I/O, Inc., Civ. No. 02-50-P-H (D. Me. Apr. 2, 2003). The magistrate judge held that defendant's alleged creation of a 'tunnel' from the defendant's server to plaintiff's VPN to access a copyrighted software program may have been a DMCA violation. The court found that the VPN, which was encrypted and password-protected, fit the definition of 'a technological measure put in place by a copyright owner to prevent access to a copyrighted work.' The magistrate recommended denial of defendant's motion to dismiss this claim, and noted that the extension of the protections of the DMCA to VPNs appeared to be an issue of first impression.