Legal Question in Technology Law in New Jersey

ISP Monitoring of Downloaded Music

A relative of mine was telephoned by their Internet Service Provider to remove a downloaded .MP3 music file from artist Michael Jackson that was obtained using the Aimster network. Is there legal precident in allowing an ISP to monitor user activity on file-sharing networks and taking such action ?


Asked on 10/04/01, 8:59 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: ISP Monitoring of Downloaded Music

The question is based on a false premise. This is a free country, so the question is not what law allows an ISP to do this, rather the question is what law prevents them from doing this. I am not aware of any law saying an ISP cannot monitor traffic with Aimster in order to prevent copyright infringement. The user probably signed a contract with the ISP authorizing this. If the user does not like this, the user is free to change ISP. Also, it is unlikely any Court is going to prevent this monitoring at the request of an admitted infringer.

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Answered on 11/21/01, 5:21 pm


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