DMCA Subpoenas :: Topics :: Lumen (original) (raw)

Follow this link to report uses and abuses of DMCA section 512(h) subpoenas.

If someone is seeking your name without a reasonable claim of copyright infringement, that's an abuse. For example, if someone is using the subpoena to harass or defraud; if they've matched filenames, but not their content; if you weren't using the IP address listed (because of a typo or other error, such as someone else using a wireless network). Even if you did have copyrighted material on your computer, you might have a lawful right of fair use.

Chilling Effects is collecting these materials to help gather a record of how the DMCA is being used. Since [512(h)] subpoenas are issued without prior judicial review (the subject may bring it before a judge with a motion to quash only after the subpoena has issued), we are concerned that subpoenas may be used to obtain identity information in cases where there is no copyright infringement. Chilling Effects seeks to document those cases.

See [Subpoena Defense for more information.

Recent Notices

Frequently Asked Questions

How is Internet anonymity affected by Section 512(h) subpoenas?

Since anyone who has ever written or typed something is a copyright holder, it is possible that any of these people might misuse the Section 512(h) subpoena to discover identity for purposes other than vindicating copyright rights. In some instances, the fear of improper discovery of their identity will intimidate or silence online speakers even though they were engaging in protected expression under the First Amendment.

What is a "motion to quash" a subpoena?

This is a formal request for a court to rule that your information should not be given to the requesting party. This normally includes the request, plus a legal brief (sometimes called a memorandum of points and authorities) explaining why, by law, your information should not be turned over. Samples of briefs filed in John Doe cases are available at:

EFF Archive, Cullens v. Doe/ Cases Litigated By Public Citizen's Litigation Group

What does it mean to "respond" to the subpoena?

Usually, it means that the ISP will give the requested information to the requesting person. In some cases, ISPs have resisted requests for information on behalf of their customers, but this is not the norm. Unless specifically told differently by your ISP, you should assume that your ISP will turn over your information as part of its response.