i2Coalition Joins USTelecom and Alliance of Leading ISPs in Supreme Court Amicus Brief to Protect Internet Access and Clarify Limits of Secondary Copyright Liability

Washington, DC – Sep 5, 2025

— The Internet Infrastructure Coalition (i2Coalition) today announced it co-drafted an amicus curiae brief alongside USTelecom – The Broadband Association and a broad alliance of leading Internet Service Providers (ISPs) in Cox Communications, Inc., et al. v. Sony Music Entertainment, et al. (No. 24-171) now before the Supreme Court of the United States. The brief, filed in support of Petitioners, urges the Court to reverse a Fourth Circuit decision that dramatically expands secondary copyright liability in ways that threaten Internet access, broadband deployment, and the broader digital economy.

The amicus filing was submitted on behalf of the Common Sense Copyright Coalition, ACA Connects – America’s Communications Association, CTIA – The Wireless Association, Internet Infrastructure Coalition (i2Coalition), NTCA – The Rural Broadband Association, USTelecom – The Broadband Association, and WTA – Advocates for Rural Broadband.

“Congress has spent decades and trillions of dollars helping Americans get online. The Fourth Circuit’s approach would force providers to terminate subscribers based on bare IP notices—punishing households, schools, and hospitals for alleged acts they didn’t commit. That’s neither workable nor what the Copyright Act requires,” said Christian Dawson, Executive Director of the i2Coalition. “We’re asking the Court to reaffirm that secondary liability must be narrow, tied to purposeful, culpable conduct—not mere knowledge that someone, somewhere, may have infringed.”

What the brief argues

The amici ask the Court to cabin secondary liability under the Copyright Act to its traditional, narrow bounds. The brief explains that:

• The Copyright Act’s text does not create broad secondary liability, and Supreme Court precedent (including Sony and Grokster) requires purposeful, affirmative, culpable conduct before imposing such liability. 
• The Fourth Circuit’s standard—effectively equating an IP address with a specific user and requiring subscriber termination upon receipt of unverifiable notices—is technically flawed and unworkable in shared-address environments (such as schools, hospitals, campuses, cloud networks, and even homes). 
• By exposing providers to ruinous penalties unless they terminate service “first and ask questions later,” the decision undermines decades of Congressional policy and massive investments to expand reliable, high-speed Internet access nationwide. 

Why this case matters

Left intact, the Fourth Circuit’s framework would pressure Internet infrastructure providers—including ISPs, hosting and cloud providers, and data centers—to disconnect entire networks based on automated, barebones allegations. That outcome would harm millions of innocent users, hamper remote education and telehealth, impede rural connectivity, and force resources to shift from network investment to litigation risk.

 

Case caption

No. 24-171, Cox Communications, Inc., et al. v. Sony Music Entertainment, et al.

On writ of certiorari to the U.S. Court of Appeals for the Fourth Circuit

Amici: Common Sense Copyright Coalition; ACA Connects – America’s Communications Association; CTIA – The Wireless Association; Internet Infrastructure Coalition (i2Coalition); NTCA – The Rural Broadband Association; USTelecom – The Broadband Association; and WTA – Advocates for Rural Broadband.

Editor’s note: Counsel of record for the amici is Thomas M. Johnson, Jr., Wiley Rein LLP, Washington, D.C.

 

About the Internet Infrastructure Coalition (i2Coalition)

The Internet Infrastructure Coalition (i2Coalition) is the leading voice for companies that build and maintain the Internet’s infrastructure, including web hosts, data centers, cloud infrastructure providers, domain registrars and registries, and managed service providers. We advocate for policies that keep the Internet open, secure, and resilient, enabling innovation and economic growth worldwide. Learn more at i2coalition.com.

 

Press Contact:

Jennifer Price
[email protected]