Internet Commerce Coalition Files Brief on Behalf of Google in Case Against Mississippi AG

The Internet Commerce Coalition filed a brief on behalf of Google's case against Mississippi Attorney General Jim Hood (see 1502020047). Google filed a lawsuit in December against Hood, alleging he tried to censor the Internet in an administrative subpoena he filed against the company in October (see 1412190045). Online free speech proponents have argued that MPAA’s alleged involvement in Hood’s subpoena proves the entertainment industry is pursuing alternative strategies to the failed Stop Online Piracy Act and Protect IP Act. Hood’s supporters have asked why a state attorney general shouldn’t be allowed to investigate a company for possible consumer violations and condemned Google’s use of stolen documents in the Sony Entertainment Pictures data breach in the case (see 1412170050). ICC argued in its filing that Hood stepped outside his legal jurisdiction. “Congress has determined that all legal claims involving the right to copy, disseminate, sell, and download works within the subject matter of copyright should be determined solely through a copyright infringement action in federal court,” it said. “State consumer protection laws, such as the Mississippi Consumer Protection Act ('MCPA') which provides the authority for the Attorney General’s Subpoena, are completely preempted in such circumstances.”