A University of Tennessee student is attempting to quash an RIAA subpoena issued as part of the music industry's war against on-campus file-sharing. Doe #28 is taking a different tack than other defendants have, arguing that providing the information sought by the RIAA would violate his right to privacy under the Family Educational Rights and Privacy Act.

So far, Virgin Records America v. Does 1-33 has followed the same route as most of the other John Doe cases filed by the RIAA. The judge presiding over the case has followed the example of the vast majority of the other 25,000+ file-sharing cases, approving the RIAA's request for ex parte discovery (discovery done without the knowledge of the other party).

Under the judge's order, Does 1-33 have 15 days from the time they are served with the subpoena and judge's order to file an objection, and so far Doe #28 appears to be the only defendant fighting the subpoena, according to the Knoxville News. An examination of the case history on the US Party/Case Index shows that three of the other Does have been dropped from the case, an indication that the RIAA has the information it needs to file new lawsuits against named individuals.

Doe #28's argument is that the information sought by the RIAA—name, current and permanent addresses, phone numbers, e-mail addresses, and MAC address—is part of his educational records. Since neither Doe #28 nor his parents have waived that right, the RIAA should not be given the information, argues the defendant's motion to quash the subpoena.

At most, the plaintiffs should be provided with Doe's name and current address, according to Doe #28. Providing more information would put the defendant and his parents in the position of "being subjected to unwarranted telephone calls and unsolicited mail, which is unreasonable."

No one likes getting unwarranted phone calls and unsolicited mail, but a desire to avoid letters and phone calls is rarely sufficient grounds to quash a subpoena. Invoking the Family Educational Rights and Privacy Act is unlikely to help either. Although schools must have written permission from students or their parents to release education records, there are a handful of exceptions, one of which is "to comply with a judicial order or lawfully issued subpoena."

Although it looks as though the RIAA is likely to get the information it seeks from the University of Tennessee, its legal fight against on-campus file-sharing has not gone so smoothly. A federal judge in Virginia blocked the RIAA's attempts to conduct ex parte discovery in a lawsuit against seven William & Mary students, while another judge in New Mexico gave 16 University of New Mexico students a chance to respond to the John Doe lawsuit filed against them.