Elena Kagan Questions ISP Liability for User Copyright Infringement

ISP Liability and User Infringement

• ⚖️ Justice Kagan questioned E. Joshua Rosenkranz regarding internet service provider (ISP) liability for user copyright violations, specifically when the ISP has knowledge of the infringement.
• 💡 The discussion contrasted the current case with the Twitter case, where companies were not aware of specific user conduct leading to illegal activity.

Nexus Between ISPs and Infringement

• 🔗 Kagan suggested that ISPs receiving notice of specific infringements creates a stronger nexus than in the Twitter case.
• ⚠️ Rosenkranz argued that while there's a greater nexus on one end, it remains limited, especially with tens of thousands of users where specific individuals are not identified.
• 🎯 He clarified that ISPs cannot see user activity in real-time, distinguishing their situation from platforms like Twitter.

Identifying Infringers

• 👤 Rosenkranz stated there is no evidence in the record identifying specific individuals who infringed copyright.
• 🏠 Even when notice is received for a household, the individual responsible for the infringement is not known.
• 📈 The record does highlight entities like regional ISPs, universities, and hotels as those most likely to accrue a greater number of infringers and potentially face consequences.