A Harvard Law School professor filed a counterclaim last Friday against the Recording Industry Association of America that challenges the constitutionality of the RIAA's efforts against those caught downloading music from file-sharing services.

Charles R. Nesson '60, the founder of Harvard's Berkman Center for Internet and Society, is defending Joel Tenenbaum, a Boston University graduate student charged in 2005 with downloading seven songs from a file-sharing network. According to RIAA spokesperson Cara Duckworth, the amount sought from Tenenbaum is undisclosed and left to the judge's discretion, though Tenebaum may face over $1 million in penalties.

Nesson explained his reasons for getting involved:

This is an unconstitutional delegation by Congress of executive prosecutorial powers to private hands. That a private organization is allowed to take a huge chunk of government power and impose its will upon millions of people is, frankly, disconcerting. The situation is absurd. It was never about the money. It was about creating a scary situation to deter others.

The RIAA has stoked controversy over the past few years with a series of aggressive, PR negative lawsuits against file sharers.