The Ninth Circuit has ruled that internet service providers cannot be compelled to unmask users through subpoenas under the DMCA, reinforcing long-standing precedent that these subpoenas were never meant to apply to providers that simply offer access to the internet.
The decision blocks an increasingly common tactic copyright owners use to sidestep due process and extract user identities without judicial oversight.
We obtained a copy of the opinion for you here.
The case came about after a copyright owner targeted 29 Cox Communications subscribers accused of sharing the film Fall (2022) through BitTorrent. Rather than filing a lawsuit or seeking a judge’s permission, the copyright holder went straight to a court clerk to obtain a subpoena.
Although Cox was under no obligation to do so, the company notified the affected subscribers. Only one responded to object, triggering a legal dispute that has now resulted in a firm ruling from the Ninth Circuit.
The dispute is a simple but critical distinction. The DMCA outlines separate protections depending on the type of service provided.
Web hosts fall under Section 512(c) and can receive takedown notices for content they store, while IAPs are covered under Section 512(a), which protects them from liability as long as they are acting as neutral conduits for internet traffic.
Hellbound and Down 