DMCA Subpoenas

Report uses and abuses of DMCA section 512(h) subpoenas: Follow this link to report.

If someone is seeking your name without a reasonable claim of copyright infringement, that’s an abuse: For example, if someone is using the subpoena to harass or defraud; if they’ve matched filenames, but not their content; if you weren’t using the IP address listed (because of a typo or other error, such as because someone else was using a wireless network). Even if you did have copyrighted material on your computer, you might have a lawful right of fair use.

Chilling Effects is collecting these materials to help gather a record of how the DMCA is being used. Since 512(h) subpoenas are issued without prior judicial review (the subject may bring it before a judge with a motion to quash only after the subpoena has issued), we are concerned that subpoenas may be used to obtain identity information in cases where there is no copyright infringement. Chilling Effects seeks to document those cases.

See Subpoena Defense for more information.

For more information, see the Frequently Asked Questions about DMCA Subpoenas.

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