Rein has this Commentary: What's Real and Make-Believe with the RIAA Subpoenas? She tells why sending subpoenas before a lawsuit starts departs from the norm, invades people's privacy by allowing personal information to get out, outside the context of judicial review, without the person being investigated having any chance to oppose the subpoena asking for personal information. This is a real problem and recently a litigant lost a case because they abused this subpoena power of the DMCA. But every person whose private information is inappropriately or abusively subpoenaed doesn't have the resources to sue. It's not a fair burden to place on people. The DMCA really needs to be corrected so that subpoenas come after a lawsuit is in place, and a judge can review the reasonableness of a subpoena. Just read it!

Check out her excellent video blog, too. I don't think anybody does what she does, and it's invaluable!