"(The subpoena process) is rife for abuse, to reveal sensitive information online, to blacklist alleged infringers, to embarrass people, to market to them, or even for criminal purposes," Davidson said.
Sherman didn't answer directly when Brownback asked if the RIAA would accept some changes to the DMCA subpoenas. He noted that the subpoena provision was part of a compromise ISPs accepted during the 1998 passage of the DMCA in return for not being held legally liable for copyright infringement happening on their networks.
Coleman, chairman of the Senate Governmental Affairs Committee's Permanent Subcommittee on Investigations, also said his subcommittee would review the DMCA subpoena process and look for compromises that can help copyright holders protect their property. "I don't believe that aggressively suing offenders will be sufficient to deter the conduct of an entire generation," he said. "The goal of the entertainment industry should be to create loyal, long-term customers, not engage in short-term strategies that ... make examples of folks who may or not have known they engaged in improper behavior."
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