ISP Takedown Notices

‘Graduated response plans’ are geared towards fighting illegal online file sharing and have been implemented over the past two and a half years in France, New Zealand, and South Korea.  The United Kingdom and Ireland are currently in the process of locking down similar programs. These plans involve systems by which Internet service providers (ISPs) link illegal activity to an IP address and account and send the identified user a series of alerts leading to varying consequences.

Abroad, these programs take the form of laws or legal procedures. As yet, in the U.S. they have not.  In fact, there has been a strong and negative reaction to the SOPA and PIPA bills that content providers supported and this has put lawmakers on the defensive. Content providers are now seeking informal agreements to protect their interests.

The Center for Copyright Information

Recently, they obtained approval from AT&T, Cablevison, Comcast, Time Warner Cable and Verizon to consider building a Center for Copyright Information (CCI). On March 14th,  Cary Sherman, CEO of the Recording Industry Association of America, and Fritz Attaway, EVP of the Motion Pictures Association of America, told the  annual meeting of the Association of American Publishers that U.S. ISPs are now poised to initiate, by early July, a “Copyright Alert System”. The program had been penned a year earlier and, given the progress now made with the CCI, Sherman presented the initiative as potentially the most effective online anti-piracy effort to date

Here’s how it would work.  ISPs will issue approximately six warnings to users who download pirated media.  Each ISP will have the flexibility to design their own plan under the following guidelines:

-When copyright holders discover that their content has been illegally downloaded, they will report it to the participating ISPs.  By referencing IP addresses, the ISPs will identify the account linked to the infringement and send out a first alert.  According to the CCI’s website, the nature of these alert will be both educational and deterring.i

-The first and second alerts will likely come via email and will state that the user’s current account “may have been misused for the distribution of copyrighted content”. It will recommend legal options for obtaining media and offer advice on appropriate computer protection.

-The third and fourth alerts will make use of a more conspicuous format such as a landing page or pop-up window.  The user will be forced to clearly acknowledge that they have seen the alert and the message will reiterate the consequences of illegal file sharing.

-For the fifth and six alerts, there would be “mitigation measures”.

The ISPs will have options to implement penalties. After Sherman’s announcement in March, rumors circulated that the ISPs would take the user offline by strike six.  But, the CCI website clearly states that the “alert system does not, in any circumstance, require the ISP to terminate a subscriber account.” It also does not say that the ISPs cannot terminate a subscriber account. The ambiguity is intentional, for ISPs don’t want to commit to taking subscribers off if they can avoid it; they don’t, however, wish to spell out what they might do, partly because they don’t have a full answer right now.

The ISP will have the power to decide what to do after issuing four alerts.  Options include slowing Internet speed and redirecting users to a landing page until he or she either contacts the service to discuss the matter or reviews and responds to some educational information about copyright.ii  The ISP also has the choice to notify the copyright holder who can then file a lawsuit.

The CCI designated its key members  on April 2, 2012, including an executive director, an advisory board, and use of the American Arbitration Association to oversee what the CCI calls the Independent Consumer Review Process. iii

Jill Lesser will serve as Executive Director and is the managing director of The Glover Park Group, a public policy and lobbying firm.  Lesser is also a member of the board at the Center for Democracy and Technology, a nonprofit group that advocates for free speech on the Web.  She was Director of the Civic Media Project at People for the American Way and Senior VP for Domestic Public Policy at AOL Time Warner, Inc.  Lesser was appointed by Thomas Dailey, Chairman of the CCI’s Executive Board and Vice President and Deputy General Counsel of Verizon Communications, Inc.

CCI’s board consists of top executives from RIAA, MPAA, Comcast, Viacom and AT&T.  The newly formed Advisory Board will consult with the board about the Copyright Alert System’s design and implementation.  Its member make-up could suggest a precautionary gesture to minimize the type of aggressive opposition that flared up in response to SOPA and PIPA. It includes an internationally recognized communications attorney and leaders from the following organizations: Public Knowledge, Internet Education Foundation, iKeepSafe.org, and Future of Privacy Forum. These voices, it could be argued, will also help protect the interests of the ISPs.

In addition, the American Arbitration Association, a conflict management organization, will review disputes that arise between the CCI and Internet users who believe they are being wrongly accused.  This is important because under the Copyright Alert System, suspects are considered guilty until proven innocent.

The CCI claims that there is data predicting that most users will never go far enough in the alert system for mitigation measures to become necessary.  The team expects subscribers to stop illegal file sharing after a few alerts.

The French Case

This is supported by international practice. France’s President Sarkozy recently made an official statement hailing the success of his graduated response regime. iv In 2009, the French government passed a law called HADOPI.  It outlines a three-strike procedure that is similar to the CCI’s Copyright Alert System but different in that the third strike requires ISPs to suspend subscriptions between two months and one year while still collecting fees.  The account holder’s name is also blacklisted and other ISPs are prohibited from providing Internet to the user.

 The HADOPI office recently released a report spanning from October 2010 to December 2011 showing a significant decrease in online piracy and “a clear downward trend in illegal P2P (peer to peer) downloads.”v The study shows that 95% of users who receive a first notice never received a second.  92% of those who received two notices never receive a third.  98% of users who received a third notice were not reported thereafter for illegal behavior within the time frame set out by the law. The data was collected by the French Rights Protection Commission’s Information System and is based on about 750,000 records of subscribers that received at least one notice.

While the report in France reflects a substantial decline in illegal file sharing, legal media sales did not pick up.  There was another factor to consider: the shutdown of Megaupload could have had negative effects on file sharing. Still, illegal online file sharing seems to be declining in France.

Overview

Over the past year, some bloggers and journalists have exaggerated the nature of the U.S. plan, branding the ISPs as “copyright cops” or “big brother”.  Some compared them to telephone networks and questioned what would happen if phone companies policed their subscribers’ conversations for illegal activity.  The truth is that the ISPs are really just babysitting content.  They are not responsible for policing their users’ downloading habits; this would go directly against the laws in the Digital Millennium Copyright Act.  No legislation is being rewritten.  The content providers who own media rights are in charge of catching infringers.  After years of trying, they found the right pressure points and finally convinced the ISPs to back them up.

Those pressure points probably sit on Capitol Hill.  When the deal was first announced last July, U.S. Intellectual Property Enforcement Coordinator Victoria Espine publicized the Administration’s support for the program on the official White House blog. Her expectation is that the CCI will consult regularly with “privacy and freedom of expression advocacy groups,” evidently a condition to appease the ISPs and opponents of the plan.vi

Crucial details still need to be worked out. The ISPs are not empowered to implement penalties similar to HADOPI.  It is unclear that they will suspend service after strike six. Moreover,  ISPs have little incentive to act in the best long-run interest of the creative community. In France, for instance, the government became a feared arbiter in the service of content owners and creators; by contrast, the Federal Government has stayed out of the fray after the failure of the SOPA and PIPA bills.

Users of content will continue taking risks with file sharing sites. As long as ISPs are perceived to be docile caretakers of copyrighted materials and the U.S. government is unprepared to enforce tougher measures against infringers, the only hope for content providers will be the possibility of pursuing their own cases in court with better cooperation from the ISPs.

By Emilie Bogrand

 

Endnotes

i. “Frequently Asked Questions,” The Center for Copyright Information, accessed April 5, 2012,http://www.copyrightin- formation.org/faq.

ii. Ibid.

iii. “Center for Copyright Information Announces Three Major Steps Towards Implementation,” Press Release, The Center for Copyright Information, accessed April 5, 2012, http:// www.copyrightinformation.org/node/705.

iv.  “L’Hadopi Se FÃĐlicite Des Chiffres Encourageants PrÃĐsentÃĐs Par L’IFPI,” Press Release, The Hadopi office, January 23, 2012, http://www.hadopi.fr/sites/default/files/page/ pdf/20122301_Hadopi_CP_.pdf.

vi. “Hadopi, 1 1⁄2 Year After The Launch,” Report by The Hadopi office, Accessed April 5, 2012, http://www.scribd. com/doc/87387866/Hadopi-Report.

vii. Espinel, Victoria. “Working Together To Stop Online Piracy,” The White House Blog, July 7, 2011, http://www. whitehouse.gov/blog/2011/07/07/working-together-stop- internet-piracy.

email

Comments

74 Replies to “ISP Takedown Notices”

  1. This is hilarious.
    VPN+Bittorrent = anything I want and no take down notices.

    The RIAA is so far behind, just give them some time to realize that restricting Internet freedoms gets them nowhere.

    The Internet detects censorship as damage and routes around it.

  2. The six-strike rule is a good idea. It gives plenty of advance notice to those who choose to download illegal material, (movies, music etc.) that what they are doing is against the law. Illegal downloading has gone out of control. The method can be used as a valid teaching tool, particularly to the younger generations of internet users, and can ensure that illegal downloaders know that their actions have consequences.

  3. I just like the valuable information you provide on your articles.
    I will bookmark your weblog and test again here regularly.

    I am quite sure I will learn many new stuff right right here!
    Best of luck for the following!

  4. Aside from keeping your body moving into action, you need to change your mindset.
    A few recent studies suggested that the reduction in the
    levels of BCAAs in the blood can be associated with the improvement of
    blood sugar regulation but the mechanisms remain unknown.
    Raspberry ketones have a similar formulaic structure to adrenaline and ephedrine, prompting
    some Japanese scientists to find out if they also had the same actions as the two other
    elements.

  5. Hi there!I just wish to offer you a hug thumbs up for your great information you have got right here on this post.
    I am returning to your web site for more soon.

  6. There can be a few over- the-counter medicines that are offered these days that may give you
    relief in the symptoms of tinnitus. They can be something to do with nervous system, while using ear, or
    even with the sinuses. For a lot of people caffeine or alcohol improve the volume of tinnitus temporarily.

  7. With that education, program attendees and college graduates can easily take
    the Pharmacy Technician Certification Exam and earn their CPh – T, which will help ensure their
    access to the best employment positions and not only basic retail positions.
    The theory driving this behavior is much like that of a critique for every other goods and services.
    Simplifi offers innovative pharmacy benefit management plan options, customized formularies and integrated information systems to manage the cost
    and utilization of prescription drugs and improve the value of your plan’s drug benefits.

    Also visit my blog post :: amoxil costco pharmacy

  8. I leave a response each time I especially enjoy a post on
    a website or I have something to contribute to the
    discussion. It is a result of the fire displayed in the article I looked at.

    And on this post ISP Takedown Notices | Music Business Journal | Berklee College of Music.
    I was excited enough to drop a thought 🙂 I do have a couple of questions for you if
    you tend not to mind. Is it only me or do a few of the responses look as if they are written by brain dead visitors?

    😛 And, if you are posting at other online sites, I would
    like to keep up with you. Could you list all of your social pages like your Facebook page, twitter feed, or
    linkedin profile?

  9. Wow that was unusual. I just wrote an incredibly long comment but after I clicked submit my comment
    didn’t show up. Grrrr… well I’m not writing all that over again.
    Regardless, just wanted to say fantastic blog!

  10. I will right away grab your rss as I can not find your email subscription hyperlink or e-newsletter service.

    Do you have any? Please permit me realize so that
    I may just subscribe. Thanks.

  11. They had to pickup the loud phone, make an
    announcement in the store asking for someone in that department to help them out.

    While e – Readers and e – Books may not have signaled a revolution and the end of the printed word, they
    have been quietly and steadily growing in popularity.
    So, you will always have a month’s time to restore those
    important, yet deleted files.

    Here is my blog post: free amazon codes

  12. Thanks for the marvelous posting! I certainly enjoyed reading it, you could be a great author.I
    will remember to bookmark your blog and may come back at some point.
    I want to encourage you to continue your great job, have a nice morning!

    Have a look at my web page: rollover ira

  13. WOW just what I was looking for. Came here by searching for rattan
    garden furniture covers

  14. This server is the computer that actually processes your requests and commands and then makes
    the information available to other users. Many dream of setting up a web site,
    whether for commercial or personal reasons but lack the capabilities or are
    intimidated by the whole process. This internet
    has even changed the way of business in the whole world.

  15. My brother suggested I might like this web site.
    He was totally right. This post truly made my day. You cann’t consider just how
    much time I had spent for this info! Thank you!

  16. Je viens à l’instant de visiter ton excellent blog et je partages ta passion et j’aime ÃĐnormÃĐment les articles que l’on peux y dÃĐcouvrir.

  17. Cilex c’est la dynamique sociÃĐtÃĐ derriÃĻre cette nouvelle ecigarette Eno et la petite ecigarette Neo que j’ai pu testÃĐ il y a quelques temps.
    Du matÃĐriel de trÃĻs bonne qualitÃĐ ainsi que des e-liquides
    Français. Une boutique à recommander sur laquelle vous avez 8% de rÃĐduction avec mon code promo, de quoi vous faire plaisir Code promo D’lice D’lice le fabricant de e-liquides français vous offre 5% de rÃĐduction calculÃĐ automatiquement lorsque
    vous venez de ma-cigarette.fr. Pour cela il
    suffit de suivre le lien hypertexte ci-dessous.
    SUISSES crÃĐe des collections exclusives de mode pour rÃĐpondre à vos
    attentes en vous permettant d’Être chics et ÃĐlÃĐgants sans
    se ruiner.

  18. I absolutely love your blog and find the majority of your post’s to be exactly
    I’m looking for. Do you offer guest writers to
    write content to suit your needs? I wouldn’t mind writing a post or elaborating
    on some of the subjects you write related to here. Again, awesome website!

  19. I do not drop a comment, however after reading some of the responses on ISP Takedown Notices | Music Business
    Journal | Berklee College of Music. I do have 2 questions for you if you do not mind.
    Could it be only me or does it look like some of the remarks appear as if
    they are written by brain dead folks? 😛 And, if you are
    writing at other social sites, I’d like to keep up with everything new you have to post.
    Could you make a list of all of all your social pages like your twitter feed, Facebook page or linkedin profile?

  20. Fantastic goods from you, man. I have understand your stuff previous to and you’re just too excellent.
    I really like what you’ve acquired here, really like
    what you’re saying and the way in which you say it. You make it entertaining and you still take care of to keep
    it smart. I can’t wait to read far more from you. This is actually a wonderful website.

  21. Have you ever considered creating an e-book or guest
    authoring on other websites? I have a blog based upon on
    the same ideas you discuss and would really like to have you share some stories/information.
    I know my audience would value your work. If you’re
    even remotely interested, feel free to send
    me an e mail.

    Here is my web site – products to prevent baldness

  22. What’s up, its fastidious article concerning media print, we all be familiar with media is a wonderful source of
    data.

    Here is my site :: acne on neck

  23. What you need to remember is that bankruptcy should be a last ditch option
    for you. After finalizing your details, the finance is transferred directly into your mention bank account safely.
    * That it is safe – your monetary info is not
    shared with other folks.

  24. The car breaks down, a child becomes ill, something in the house needs repair, and suddenly you owe more than you have sitting in the bank.
    This is the reason why most people want to know where to get the
    best interest for a personal loan. Budget, know what you have
    to pay for and budget the money so it gets where it needs to and you can
    pay it back as quickly as possible.

  25. fantastic put up, very informative. I wonder why the other experts
    of this sector don’t notice this. You must continue your writing.

    I am sure, you’ve a great readers’ base
    already!

  26. Remarkable! Its truly remarkable piece of writing, I have got much clear idea concerning from
    this post.

  27. RM Auctions will have the honor of offering a very special 1957 Ferrari 410 Superamerica.
    Coachwork, pro-filed like the radiator, was simple but attractive and car’s appeal was in the manner of its going.
    Ettore Bugatti had been in business of designing cars since 1900
    and produced one-offs for himself and contracted designs for other people in profusion.

  28. Have you ever considered publishing an ebook
    or guest authoring on other websites? I have a blog centered on the same topics
    you discuss and would love to have you share some stories/information.

    I know my visitors would enjoy your work. If you are even remotely interested,
    feel free to shoot me an email.

  29. If this occurs, it demands to be resolved as quickly
    as achievable. It is significant to pick a
    pediatric dentist in Olathe that is aware this.
    In some cases you will have no plan what the mechanic is
    speaking about but that is no excuse for them not preserve you
    knowledgeable on what is becoming carried out to your vehicle.

  30. Good day! I could have sworn I’ve visited this web site before but after going through some
    of the posts I realized it’s new to me. Nonetheless, I’m certainly
    pleased I stumbled upon it and I’ll be bookmarking it and checking back frequently!

  31. You made some really good points there. I looked on the net for more information about the issue and found most people
    will go along with your views on this website.

    Also visit my website :: Slingshot Braves Hack Gems Coins
    iOS Android Tool (Rudolph)

  32. Amazing blog! Do you have any recommendations for aspiring writers?
    I’m hoping to start my own site soon but I’m a little lost on everything.
    Would you recommend starting with a free platform like WordPress or go for a paid option? There are so many
    options out there that I’m completely overwhelmed ..

    Any recommendations? Bless you!

    1. That dress – I wants it. As for the apple – well, I took it as being the fruit of the tree of knowledge (from Genesis). Ellen is &#&#c;tea9hing03039; Boomer about the origin of the humanoid Cylon models, thereby offering her knowledge. Actually, now I've got a whole long essay in my head comparing this episode to Genesis. Damn you, Mark Does Stuff, why do you make me think?

  33. Hello my friend! I want to say that this post is awesome, nice written and include almost all vital
    infos. I’d like to see extra posts like this .

  34. Whhen someone writes an article he/she keeps the idea
    of a user in his/her brain that how a user can understand it.
    Thus that’s why this post is outstdanding.
    Thanks!

  35. I’m truly enjoying the design and layout of your blog. It’s
    a very easy on the eyes which makes it much more enjoyable for me
    to come here and visit more often. Did you hire out a developer to create your theme?

    Excellent work!

  36. Excellent goods from you, man. I’ve understand your stuff previous to and you’re just extremely great.
    I really like what you have acquired here, certainly like what you’re saying and the way in which you say it.

    You make it enjoyable and you still take care of to keep it wise.
    I can’t wait to read much more from you. This is actually a tremendous site.

  37. Hello, after reading this awesome piece of writing i
    am as well glad to share my experience here with mates.

  38. Good day! This is my first visit to your blog!
    We are a collection of volunteers and starting a new initiative in a community in the same niche.

    Your blog provided us valuable information to work on. You have done a wonderful job!

  39. I blog frequently and I really appreciate your information. This great article has
    really peaked my interest. I am going to bookmark
    your blog and keep checking for new information about once a week.
    I opted in for your Feed too.

  40. I relish, lead to I discovered exactly what I used to be having a look for.
    You’ve ended my four day lengthy hunt! God Bless you man. Have
    a great day. Bye

  41. Hi there, its fastidious piece of writing on the topic of media print, we all understand media is a
    great source of information.

  42. excellent points altogether, you just won a new reader.
    What may you recommend in regards to your post that you just made some days
    ago? Any certain?

  43. Thanks a lot for sharing this with all folks you really know what you are talking approximately!
    Bookmarked. Please additionally consult with my web site =).
    We will have a hyperlink change contract between us

  44. I’m gone to say to my little brother, that he should also pay a quick visit this blog on regular basis to
    get updated from hottest reports.

  45. Wonderful blog! I found it while surfing around on Yahoo News.
    Do you have any tips on how to get listed in Yahoo News? I’ve been trying for a while
    but I never seem to get there! Many thanks

  46. I like the valuable information you provide in your articles.
    I will bookmark your weblog and check again here frequently.
    I’m quite sure I’ll learn plenty of new stuff
    right here! Best of luck for the next!

  47. Great post. I used to be checking continuously
    this weblog and I am inspired! Extremely useful
    information specifically the remaining part 🙂 I maintain such info much.
    I used to be seeking this certain information for a long time.
    Thank you and good luck.

    My web-site Pinus strobus

  48. Hey very cool blog!! Guy .. Beautiful .. Superb ..
    I’ll bookmark your site and take the feeds additionally? I am happy to search out so many helpful information right here within the put up, we want work
    out extra strategies on this regard, thank you for sharing.
    . . . . .

    Look into my web page :: clash of clans for pc

  49. āļžāļĢāļ°āđ€āļˆāđ‰āļēāļ­āļ§āļĒāļžāļĢ āļ„āļļāļ“ āļ„āļ™

    Feel free to visit my web-site: &3617;&3656;วงใหม่

  50. If you want to improve your knowledge simply keep visiting this web site and be updated with the newest
    news update posted here.

    My blog … remodeling construction loans

  51. Complete the free online application and this short: consumers with credit difficulties should
    look for credit counseling. Is then credit I could make.

  52. Grand Theft Auto 5 isn’t just a movie video game franchise.
    It is really an embodiment for a whole genre of video clip game titles.It is actually an in depth tale of prison minded maniacs with a
    self-destructing trajectory to hell.Grand Theft Auto: Episodes of Liberty Town can be a exclusive concept in the movie activity entire world mainly because it really is two standalone
    episodes that do not call for the first GTA IV to work. For that reason, individuals who do not have GTA IV should purchase these new
    mini video online games and play them at comprehensive capacity.
    This new match is available on XBox live to tell the tale Oct 29 and is also definitely value examining out for the reason that it provides two new
    missions during the normal GTA style of online
    games In its first week, the game sold over five hundred million dollars and
    that was about six million copies sold worldwide.

    The game had sold over ten million copies till sixteenth of August according to a consensus.
    This can be proven only when look into the ranking charts of the
    MobyGames, and the TopTenReviews resulting to the
    Grand Theft Auto 4 since the highest rated recreation.While you hold out forward to the
    future video game to return, deciding upon GTA IV is the greatest.”No one particular can make worlds like Rockstar, but eventually it has produced 1 without compromise. Everything works. It has mechanics fantastic enough to anchor game titles in their have, along with a story that’s not only what GTA has generally preferred to inform but also fits the way in which individuals have normally performed it. It is a exceptional achievement, a peerless relationship of globe style, storytelling and mechanics that pushes these ageing consoles towards the restrict and can make everything search straightforward. As we stand to the brink of a new generation, GTAV sends an overwhelming information towards the rest of the marketplace. Beat that.” GTA
    5 V revealed in Oct . for the Xbox 360 Process and Sony playstation. It’s
    an open environment action game

    In the GTA On the internet hack software are plenty of alternative mods
    that you can take a look at. Have a look at the other functions this cheat tool can offer!

    Online game suggestions

  53. In fact the Stalker Mod Compilation might be the best mod available for
    the regular casual PC gamer, as it is very customizable and incredibly easy to install.

    Phone – Tweak for Black – Berry promises to offer a variety of new functionalities
    in your Black – Berry phone. Left 4 Dead revived the old zombie theme for the PC and became one of the
    best horror pc games.

    1. Good day!
      we are easy loan lenders, we lend loan in a low interest rate of 2%, we are fast and reliable and also we are trust worthy, if you are interested in getting a legitimate loan from our company kindly get back to us now with this information so that we can immediately proceed with your loan request from our company, hare are the details needed from you to get a legitimate loan from us,

      APPLICATION FORM

      Name:_________
      Address:_________
      Country:_________
      Occupation:_________
      Loan Request__________
      Purpose of loan__________
      Loan Duration__________
      Monthly Income:_________
      Phone Number:_________

      Kindly get back to us through our emailEmail:(williamsphillip100@outlook.com)

  54. Dragon Ball Z Dokkan Battle Hack can be extremely useful if you use it wisely, and no player can stand a chance against you as long you use this amazing Dragon Ball Z Dokkan Battle Cheats

Leave a Reply

Your email address will not be published. Required fields are marked *