Ninth Circuit Shields ISPs From Identifying Accused Infringers

Internet service providers can’t be forced to reveal user identities through a copyright enforcement provision because ISPs don’t receive valid copyright takedown notices, the Ninth Circuit said in a Friday precedential ruling.

The Digital Millennium Copyright Act’s subpoena procedure doesn’t apply to ISPs because they don’t store and control the allegedly infringing material, the US Court of Appeals for the Ninth Circuit said. Unlike social media platforms that can remove content, ISPs merely provide internet access without control over content, the court said in affirming Cox Communications LLC’s win.

The opinion by Circuit Judge Morgan Christen finds the DMCA doesn’t ...