The copyright community is closely watching the landmark Supreme Court case Cox Communications, Inc. v. Sony Music Entertainment, which will determine whether internet service providers (ISPs) can be held liable for subscribers’ alleged infringement. Today, Cox filed its merits brief, marking the latest development in the case.

In its brief, Cox Communications argues that if the lower court’s ruling is allowed to stand, it would spark “mass evictions from the internet,” adding that internet service providers “will have no choice but to terminate the connections of homes, barracks, hospitals and hotels, upon bare accusation.”

They argue that their role is solely to provide the communications infrastructure, aptly comparing it to the role “your phone company or FedEx [plays] in communications they transmit.” 

Cox concludes that the lower court’s reasoning, that an ISP should be considered a “willful accomplice” for any customer’s misdoings after a rightsholder’s bare accusation, “turns internet providers into internet police and jeopardizes internet access for millions of users.”

Cox is right, and the Court should heed their warning about the broader consequences of this case. A misguided ruling wouldn’t just affect Cox; it could trigger an open season on service providers, invite a flood of new lawsuits, and reshape the legal landscape around internet usage for years to come. Creators, consumers, and innovators alike need an internet that is open and free.