Harvard has a website with filings and other information in RIAA v. Tenenbaum. If the law is in fact criminal in nature:
- Defendants are entitled to the due process accorded criminal defendants, including criminal procedure and right to a jury trial.
- Congress has violated the Constitution by puttng the prosecution of a criminal statute in the hands of private parties.
- Congress has violated separation of powers by requiring the courts to try cases according to inappropriate civil processes.
- Congress has violated the 5th and 8th Amendments by requiring "grossly excessive statutory damage awards."
that has no political accountability, that can pursue any defendant it chooses at its own whim, that can accept or reject payoffs in exchange for not prosecuting the tickets, and that pockets for itself all payoffs and fines. Imagine that a significant percentage of these fines were never contested, regardless of whether they had merit, because the individuals being fined have limited financial resources and little idea of whether they can prevail in front of an objective judicial body.The judge in the consolidated case may be amenable to the argument that the RIAA is abusing process, but it may take appeals to the Circuit Court, or even the Supreme Court, to gain traction on the Constitutional question. Regarding process, Judge Nancy Gertner said:
Counsel representing the record companies have an ethical obligation to fully understand that they are fighting people without lawyers… to understand that the formalities of this are basically bankrupting people, and it’s terribly critical that you stop it …