Verizon Is Ordered to Hand Over Names

A federal appeals court Wednesday ordered Verizon Communications Inc. to reveal the names of two customers suspected of illegally distributing songs over the Internet.

Verizon said it would hand over the names to recording industry investigators within a day or so. But the telecommunications giant said it would continue to fight the industry in court over the proper way to crack down on online song swapping.

The Recording Industry Assn. of America has been trying to shut down peer-to-peer networks such as Kazaa and Morpheus that allow users to download songs for free, and also has been pursuing individuals who use those services.

The RIAA asked Verizon last year for the name of one customer believed to be sharing music illegally and later added a second request.

Verizon refused to do so without a court subpoena, saying it would violate customer privacy and due-process rights protected by the Constitution.

A federal court ordered Verizon to reveal the names of the suspected song swappers in April, prompting Verizon to ask a higher court to stay the order while it appealed the case. The U.S. Court of Appeals in Washington declined to suspend the order, allowing RIAA investigators to easily obtain the names of other Internet users it suspects of trading music illegally.

RIAA President Cary Sherman said the decision “confirms our long-held position that music pirates must be held accountable for their actions, and not be allowed to hide behind the company that provides their Internet service.”

Sarah Deutsch, associate general counsel for Verizon, said the court order could open the door to a wave of similar requests.

“This subpoena process is like allowing someone to go the clerk at the U.S. Post Office and demanding the key to that person’s home because you claim that that person has a piece of your property,” Deutsch said.

The Court of Appeals is scheduled to hear the case in September.