RIAA Can No Longer Subpoena ISPs

WASHINGTON, D.C. -- The Recording Industry Association of America (RIAA) took two steps back Friday in its legal approach to stifle file trading activity over peer-to-peer networks.

In an ongoing tussle between the RIAA and a number of Internet Service Providers (ISPs), many of which have been forced to turn over individual user information to be used in litigation, Verizon Communications took the RIAA to court and came out claiming victory.

A U.S. Court of Appeals for the District of Columbia overturned a trial judge's ruling that had previously granted the RIAA the right to use a certain type of copyright subpoena as permitted under the 1998 Digital Millennium Copyright Act (DMCA).

The wording of the DMCA states that ISPs must turn over the names of people suspected of operating pirate websites upon subpoena from any U.S. District Court clerk's office.

However, the court ruled that the RIAA's previous method for tracking down file-sharers through ISPs is not authorized by law because the wording of the DMCA predates the popular use of file-sharing technology.

From this point on, the RIAA will only be able to file lawsuits against file-sharers based on their Internet address, without knowledge of their names or addresses.

The appeals court decision is expected to be a significant setback for the RIAA's aggressive strategy to prosecute file-sharers and will most definitely hinder its efforts.

Since the initial ruling, the RIAA has filed hundreds of lawsuits against file-sharers through information obtained from ISPs. However, Verizon Communications has refused to concede to the RIAA subpoena to hand over information on its subscribers.

According to the AP, the appeals court decided that the DMCA does not give copyright holders the ability to subpoena customer names from Internet providers without filing a formal lawsuit.

Verizon reportedly put forth the argument that ISPs should only be subpoenaed when pirated music is stored on computers that providers directly control.

According to the AP, the appeals court reportedly expressed sympathy for the RIAA and it plight to protect copyrighted material from being exploited over the Internet.

The judge was quoted as saying that it was not the role of the courts to re-write the DMCA, "no matter how damaging that development has been to the music industry or threatens being to the motion picture and software industries."

Friday's ruling is not expected to in any way affect the 382 outstanding lawsuits against file-sharers that have already been filed.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

Show More