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

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Show More