Internet Access at Risk: The Supreme Court's Looming Decision

The US Supreme Court is poised to make a decision that could fundamentally alter how we access the internet, with far-reaching implications for everyone who uses it. The case, Cox Communications v. Sony Music Entertainment, centers on whether internet service providers (ISPs) should be held liable for copyright infringement by their users. At first glance, this might seem like a dispute between corporate giants, but the potential consequences are far more profound, putting small ISPs, public institutions, and millions of users at risk.

Why Should You Care?

An unfavorable ruling could force ISPs to monitor what you do online and disconnect accounts with alleged copyright infringement to avoid the risk of massive fines. Even a single accusation could cause entire households, schools, libraries, entire communities, or even hospitals to lose internet access. Consider this: most modern internet connections are shared. A single account often serves dozens, hundreds, or even thousands of people, from families and students to patients and employees. If a single user on a shared network illegally downloads a copyrighted song, the ISP could cut service entirely. Imagine losing access to the internet you rely on for remote work, education, healthcare, and communication, all because someone else on your network clicked the wrong link. And consider being constantly monitored by your ISP just to make sure you don’t illegally download copyrighted material.

Community-led Internet Service Providers at Risk

After a devastating tornado cut Enfield, North Carolina, off from the internet, a local family founded Wave 7, a small ISP. Today, Wave 7 connects more than 70 households and provides free internet access to the local public library, giving residents a critical lifeline for education, job applications, and government services. These essential connections to the internet could be severed. If just one library patron was accused of illegally downloading copyrighted material, a regional ISP’s upstream provider could be forced to terminate its entire account. Many in the small town would be cut off from education opportunities, jobs, and community resources. Even if no one on their network violates copyright law, imagine the burden on operations for an ISP run by two or three people to monitor all user traffic, and the impact on user privacy.

Across the United States, hundreds of small ISPs and community networks serve rural and underserved communities, often as the only option for reliable internet access. An unfavorable ruling by the Court could threaten their survival.

Privacy and Security Are Also at Stake

Beyond cutting off access, a decision to hold ISPs liable for user activity would encourage network operators to spy on their users. To avoid liability, ISPs would be incentivized to monitor your online activity, analyze your private data, and even block entire categories of websites preemptively. That’s not just a violation of privacy. It undermines security, too. Weakening encryption or banning security tools like VPNs would make users more vulnerable to data breaches and malicious attacks.

We’re Taking Action

The internet is for everyone. It should be open, globally connected, secure, and trustworthy. That’s why the Internet Society is filing an amicus brief in this case: to inform the Court of the far-reaching consequences of this case. If the lower court decision on the liability standard is upheld by the US Supreme Court, it could:

- Disconnect entire communities from the internet.

- Force ISPs to police users’ online activity.

- Undermine privacy and security for millions of people.

- Endanger the viability of small ISPs and community networks.

- Set a dangerous precedent for similar cases globally.

We believe the Court must maintain the understanding that ISPs and other intermediaries are “neutral” networks that should not be liable for alleged copyright infringement by users. This is essential to ensure you have the ability to access the internet and that your connection is private and secure.

What’s Next

This case isn’t just about copyright law—it’s about the future of internet access. Decisions made here will set precedents that affect every household, business, and institution that relies on being connected. Stay tuned for updates on the case and our advocacy efforts. To learn more about our policy strategies and how we defend an open and accessible internet for everyone, check out other Amicus Briefs we’ve filed.