Fri, 19 Dec 2003

Outstanding
D.C. Circuit accepts Verizon's statutory interpretation and reverses

Here's some of the order:

Because we agree with Verizon’s interpretation of the statute, we reverse the orders of the district court enforcing the subpoenas and do not reach either of Verizon’s constitutional arguments.

...

[T]he text of § 512(h) and the overall structure of § 512 clearly establish, as we have seen, that § 512(h) does not authorize the issuance of a subpoena to an ISP acting as a mere conduit for the transmission of information sent by others.

...

For the foregoing reasons, we remand this case to the district court to vacate its order enforcing the February 4 subpoena and to grant Verizon’s motion to quash the July 24 subpoena.

So ordered.

See also this news story.

/Copywrongs | 0 writebacks | permanent link

comment...

 
Notes: If you put a <mailto:> link in the URL field your address will not be mangled: this could be a bad idea as your email address could be easily harvested by bots designed for SPAM. The comments field should now format correctly for line feeds and carriage returns: when you hit the 'Enter' or 'Return' keys in your comment it should break to a new line. The text should wrap cleanly. Please let me know if it doesn't. No HTML tags will pass through - entering links seems to be the main cause of comment SPAM. Also, please be sure that Javascript is enabled in your browser before attempting to post a writeback. Sorry for any inconvenience, but this really helps cut down on the amount of comment SPAM I have to deal with.
 
 Name:
 URL:(optional)
 Title: (optional)
 Comments:  
Save my Name and URL/Email for next time