RIAA's Boston University Subpoena Quashed

NewYorkCountryLawyer writes "As first reported by p2pnet, the motion to quash the RIAA's subpoena seeking identities of Boston University students has been granted, at least for the moment. In a 52-page opinion (pdf) the Judge concluded that she could not decide whether or not to quash until she had seen the college's 'Terms of Service Agreement' for internet service. It was only then she could decide what 'expectation of privacy' the students had. She quashed the subpoena calling for the student identities, and told them they could go ahead with a subpoena just for the terms of service agreement. Interestingly the decision was issued on the very same day as the judge in Elektra v. Barker came to some of the same conclusions."

terms of use policy

[pikine]

Do they really need to subpoena it? It's right here [bu.edu].

Re:Here's the thing

[corsec67]

And at the school I went to (CU), once you signed up a MAC address as being valid, any device could use that MAC to authenticate against the wifi service.

I actually used that to get my PSP online when it first came out, Wipeout was the only game that could get online, but the simple web browser (something like Links with graphics in terms of capability) couldn't figure out the login page that CU put up.
So, I had a friend change the MAC address on his laptop to that of my PSP, I signed it up as being "mine", and then my PSP worked on the wifi.

So, the the device I used to register the MAC address had absolutely nothing to do with the device that I was using most of the time that actually had that MAC address built in.

A MAC address is about as identifying as a nametag.

Re:terms of use policy

[Anonymous Coward]

They aren't subpoena-ing to find out what the TOU *is*, they've been granted the right to ask for the information, and ONLY the information that school is willing to give out, as provided by the TOU.

So if the TOU says, we'll give first names, or birthdays, or just a big, "it was used on tuesday from 3-5pm by SOMEONE", then that's all the RIAA can ask for. They can't ask to know anything that a student can expect to have protected via the TOU.

Re:terms of use policy

[Steve1952]

It says that BU may inspect the files, but it doesn't say anything about sharing the data with third parties:

"Boston University reserves the right, without notice, to limit or restrict any individual's use, and to inspect, copy, remove or otherwise alter any data, file, or system resource which may undermine the authorized use of any computing facility or which is used in violation of University rules or policies. Boston University also reserves the right periodically to examine any system and any other rights necessary to protect its computing facilities."