DMCA 512(h) Subpoena

A DMCA 512(h) subpoena is a mechanism under United States copyright law that lets a copyright owner ask a federal court clerk to issue a subpoena compelling an online service provider to identify an alleged infringer, without first having to file a full lawsuit. The requester submits a proposed subpoena, a copy of a takedown notice, and a sworn declaration that the information sought will be used only to protect copyright rights. It is distinct from the ordinary notice-and-takedown process, which removes content rather than unmasking a user.

The tool matters because it sits at the intersection of copyright enforcement and the protection of anonymous speech, and its reach is limited. In a landmark 2003 decision, RIAA v. Verizon, a federal appeals court held that 512(h) subpoenas do not reach providers acting as mere conduits for traffic, because the allegedly infringing material is not stored on their systems. As a result, copyright holders seeking to identify anonymous Reddit users have sometimes turned to other routes, and platforms and courts have at times quashed such subpoenas, making the 512(h) process a recurring and contested feature of disputes over online anonymity.