Court Limits Use of DMCA Subpoenas to Unmask Internet Subscribers
Ninth Circuit panel ruled conduit ISPs ‘cannot remove or disable’ infringing content.
WASHINGTON, August 18, 2025 – A federal appeals court has ruled that internet providers that only transmit traffic cannot be ordered to hand over customer identities under the Digital Millennium Copyright Act.
The U.S. Court of Appeals for the Ninth Circuit said Friday that the DMCA authorizes subpoenas only against providers that host or link to infringing content, not those that merely transmit traffic between users.
The ruling in Capstone Studios Corp. v. Cox Communications brings the Ninth Circuit into alignment with the D.C. and Eighth Circuits, which have also restricted the use of DMCA subpoenas against so-called “conduit” ISPs.
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