Who bears the costs of complying with Norwich orders? These orders require ISPs to disclose the identify of their subscribers to enable copyright owners to bring legal proceedings against suspected infringers. The issue was resolved earlier today by the Supreme Court in Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38.
In an 8-1 decision written by Brown J, (with whom Wagner C.J. and Abella, Moldaver, Karakatsanis, Gascon, Rowe and Martin JJ agreed) the Court held that ISPs must bear the costs of complying with their obligations under s41.26(2) of the notice and notice regime.