ISPs in the USA to start monitoring customers’ downloads starting July 1, 2012
March 17, 2012 53
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With SOPA and PIPA out of the way, what other magic tricks does the entertainment industry of America have up its sleeve? How about having ISPs (Internet Service Providers — your Internet company) play copyright cop. Last year in July major ISPs across the USA agreed to ramp up efforts to clamp down on piracy. Since that time, we really haven’t heard much more about this copyright policing. Now, a few days ago the CEO of RIAA (Recording Industry Association of America) announced major ISPs in the USA (Comcast, Cablevision, Verizon, Time Warner Cable, etc.) have agreed to start monitoring what their customers download starting July 1, 2012.
Copyright Cop
Under the agreement signed by the ISPs and RIAA/MPAA, ISPs adopt what is called a “graduated response” to piracy (i.e. illegal download of intellectual property such as movies). Customers who are accused of file sharing will initially get one or two “Copyright Alerts” informing them of their infringements and asking them to stop. If, after sending these alerts, the customers in question still continue to pirate they will receive “confirmation notices” which ask consumers to confirm they got the Copyright Alerts. If customers continue to pirate, ISPs can choose between a variety of tougher measures (dubbed “mitigation measures”) such as throttling Internet speed or restricting Internet access until the customer stops pirating.
The RIAA/MPAA wants ISPs to build database which keep track of customers so they can flag the number of times a customer has been accused of illegal downloading.
This agreement between ISPs and RIAA/MPAA has been years in the making and has received political support, particularly from the White House.
Why This Is Important
This is important simply because all your Internet access and activity is seen by your ISP. If they wanted to, they could very easily tell you what you did on the Internet on what day, e.g. you visit X website at X time on X day. Thus, this is probably the most significant and effective step taking to date to fight piracy.
It isn’t important that ISPs are monitoring and logging their customers’ Internet activity; ISPs have been doing that for a while for stuff like cooperating with law enforcement. What is important is ISPs are now doing this to assist corporate America — not law enforcement. Where is the check that prevents abuse?
Issues With This Plan
The biggest issue with this plan, in my opinion, is how ISPs will determine who is downloading and if that downloading is legit or not. Now don’t get me wrong. ISPs have extremely intelligent engineers who have tricks to figure out what is being downloaded by who. What concerns me, however, is when ISPs get it wrong, i.e. false accusations. Also, what about shared networks? Is it OK to punish multiple users just because one person on the network is downloading something they shouldn’t?
The other major issue with this plan are privacy concerns. As mentioned above, ISPs have always had the ability to monitor Internet usage because they have had to comply with law enforcement requests. However, that was for law enforcement; not for the RIAA/MPAA. Law enforcement requests usually require probable cause and the approval of a judge through a warrant. What gives the entertainment industry of America the right to bypass these basic American rights? Where does the monitoring begin? Where does it stop? Are ISPs allowed to share data on people with other ISPs?
What about censorship. Isn’t throttling someones Internet access a form of censorship? This is the same Internet access that has been dubbed a “human right” by some organizations around the globe.
Finally, what happens if a customer refuses to stop downloading? Are they taken to court? Fined? Sued? Do consumers have a say in the matter? What can they be liable for?
The Bright Side
Not all is gloomy. ISPs have the choice of waving mitigation measures for individual customers, if they so decide; and none of the ISPs have agreed to permanently shutdown subscribers. Furthermore, I can see less lawsuits being thrown at consumers simply because people can argue in court the entertainment industry had tools to stop the pirating but they didn’t so they can’t hold people accountable. Finally, there are bound to be services and software that crop up to beat the system, for those that are really bothered by this.
Conclusion
This just feels dirty. The potential for abuse is high and privacy is bound to be trampled upon. I’m no lawyer but this feels like a violation of rights us American take as for granted. Only time will tell how this plays out. Here is hoping for the best.
Let us know what you think about this plan to monitor people’s downloads in the comments below.
[via CNET]
First Google and now this! We all know what should and should not be downloaded for the most part. Of course, newbies might not. I was a newbie myself once as we all were and confused by many things online. However,in my opinion, the government is going too far in doing this. We have private lives and they should remain so unless we are doing something illegal.
All we have here is dialup and they won’t let you go faster then 26kb’s unless you pay for a faster service then its only 28 kb’s Using multiple computers makes no difference. It used to be 40′s and 50 kb’s till AT+T took over . They cut your downloads off if you don’t ping them every 10 minutes. Use to be able to download at night when I went to bed so it would be done by morning but no more. To me that and this article are all attempts to invade privacy in a round about way. How far will America let them go in slowly taking away or changing all our constitutional rights.
I was wondering why this kind of legislation/actions are not forced on other industries?
Why not have all car companies install a GPS monitoring device that will inform the police each time you go over the speed limit or pass a stop sign? Furthermore, why not have a device attached to that same GPS that will prevent the car from going over the limit. And what about traking your whereabouts? We have the technology to do it! Why don’t we?
same goes for guns. Heve Colt install a device in each one so they can know where and when it was fired. And report that to the police?
Oh, yes, They will have to make and install the devices on the guns and car, but it’s not the same for the software and devices used to track down Internet usage?
Hi,
This will undoubtedly affect Europe and the other continents, actually monitoring still closer what the “unsuspecting citizen” does on the intrnet as a whole, i.e. monitoring not restricted to copyright infringment.
Worldwide the authorities have clamped down on civil rights in the name of “the war against terorrism”. This seems to me to be a not-so-new move in the de-democratization movement that has been going on ever since. Private global companies and governments are like siamese twins in this.
But let’s just wait and see what the exact legal implementation of this private agreement will amount to…
There is admittedly more than one side to this discussion. The entertainment industrie’s proclaimed loss of income e.g., should be very closely looked at with regard to the money streams involved and the people behind it .
I don’t feel at ease even though I do not download any illigal content. Some weirdo may think otherwise and come down on me hard (even for just venting my opinion here, I wonder). McCarthy-ism has never been closer since WW II… And Big Brother is no fiction anymore.
So I seem to have the same issues with this plan as are voiced in this article…
Patrick.
@Rafael:
“Why not have all car companies install a GPS monitoring device (…)”
Most cars have gps built in as a standard or very cheap option… and will be coupled to your engine sooner than you think. This is already the case with roadtransport of goods and people (trucks and busses) to reduce costs and promote safety (so they say). This is the case in Europe. I don’t know about the USA…
Most cell phones are tractable through networks coupled to satellites…
Have no illusions about the power (-potential) of modern technology…
Patrck.
We might know about most things if it has a copyright, not always, but seems to always be about downloads and never seem to be about uploads? It would be lots easier to monitor uploads then you wouldn’t have to monitor any downloads.
Great article Ashraf.
There are a lot of issues with this. I do not like being monitored in any way, especially like what others have said, being monitored in my private home. While I don’t agree with piracy, I do agree with privacy.
What if I purchase a digital copy of a movie or software, or decide to rip my own purchased material to my PC and then uploaded it to an online back up service to save some space on the PC when not using it, then I decide to download it when I am ready to use it, how do you define that? If I was questioned, would I have to show a receipt for my paid material? Also, not all torrents are illegal or contain copyrighted material. If I decided to use a p2p program to download something that is not pirated or copyrighted, how do I prove that?
There are too many potential issues with this that I personally feel violates our rights as consumers. We pay for a service, in this case internet services, we as the consumer should be able to use it as we see fit. I don’t know of anything else that I have purchased that after I pay for it I am told how I can use it, and be penalized if I use it incorrectly. If I am paying for 30Mbp/s download speed and that gets cut it in half because I am “suspected” of doing something, that’s like paying for a gallon of gas but only getting a 1/2 gallon. I don’t know how the ISP’s would be able to justify this.
Australia is normally the first to take away citizens rights.
Our Labor (left wing) government was (over a year ago) going to get all our ISPs to filter what we look at, and download. They haven’t been saying much about that lately, so don’t tell them about the new US plans.
We were the first to have seat belts.
We ban import of nutrients that you can get over the counter in US.
We are not allowed to be drunk in public.
In fact this week there was news coverage of police going into a pub (hotel), where patrons were sitting drinking (no music, etc), and they arrested some people for being intoxicated. They are lucky I gave up drinking (headaches).
We have virtually banned smoking. They are very lucky that I gave it up years ago (headaches again).
If I were (was ?) still drinking and smoking, there would be a remake of ‘Cool Hand Luke’
Ah! I miss my young days when there were (was ?) -
- No bans on smoking
- No Seatbelts
- Bench seat with girlfriend under my passenger side arm, and an open can of beer in that hand.
- Doing 110 mph
- No mobile phone bans (mind you, no mobile phones)
Plain and Simple, I AM MAD!
Comcast is already sending alerts for downloads of copyrighted material.
I am afraid I do not understand the copyright industry. Just think for a moment of all the music, books, movies… that you have bought after having come to know of it when you got something for free.
I have dozens of books that I bought after discovering the author, or the book or a book that mentions it from the public library. My public library has allowed me to read many books for free, but it also incited me to purchase many books I would never have known otherwise.
The same is true for movies. By watching movies for free on IMDB or Crackle or Hulu, I have discovered many directors, actors I want to see more of. Thereby, making me buy their other works.
Does the copyright industry understand this? Also, there are books, movies that I get and enjoy when they are free, but that I would never buy if I could not get them. I would just never experience them and that’s it. And that leads back to what I said first.
This is going way too far from America’s side. America has taken a step which might not affect USA a lot but what about other countries. Also if such a act or right has to be enacted then permissions should be taken from the countries government for doing so. Till now according to the news only America has taken this step so it should mean that only America’s citizens should get affected. But If it happens that citizens of other countries are being affected without the other countries agreeing on such an act or right then legal action should also be taken towards America.
Only god knows what will happen. I rather wish that the hackers hack these foolish SOPA/PIPA type of act’s websites or other such rubbish.
George Orwell wrote about the erosion of rights over half a century ago. The writing has been on the wall for a long time. “America the Free” is now “America the Free-except-for-certain-aspects-of-your-life-that-rich-people-don’t-like”.
Instead of getting mad, how about dropping your internet provider, if they chose to participate in this sham. The only way to a corporations heart is through it’s wallet. If they lose enough subscriptions, they will drop this like a hot rock. There will be providers that will not go along with this, and those will benefit.
Don’t get mad, get even!
America …. Once a Republic, for the people and by the people.
@Richard W:
That would be the best thing to do if it is possible. Unfortunately where I live there is one service provider. And they know it! I don’t pirate, but I also like my privacy. I agree with whomever said they should monitor uploads. They are the people making this stuff available. Or lets go further, make it harder to rip a DVD.
Heaven forbid the movie exec’s daughter not be able to afford the newest Chimmy Choo’s ($600.00) or the best Louise V bag! ($1200.00) Just another case of the 1%ers squeezing every penny out of the rest of us!
Hi Ashraf, Great article as usual. Thanks for always keeping us updated on the Latest but not always the Greatest…
Is there anyway to get around this? This is probably a really stupid question, but, is there any other way to get to the internet besides having to use an ISP?
Thanks, Dianne
RIAA/MPAA = Modern terrorists. Where the hell did privacy go? Good thing I don’t live in the US…
In this world, not everyone is rich. Just because I pirate this and that doesn’t mean they should sue me. In fact, some people like me are forced to pirate. We have no choice! For example, if you parents won’t allow you to buy a new video game this month, you resort to pirating just to play the singleplayer until you get to buy it when you parrents allow you to, in order to enjoy the other content that needs internet connection. Or… if you don’t have the cash to buy it now, you’re forced to pirate it because you can’t wait to try it out. Ontop of that, some companies are even telling you to pirate their games. Ubisoft is a prime example. They believe DRMing all their games is the best way to fight piracy, but it’s backfiring. Everyone is hating on Ubisoft since you always have to have an internet connection before you play, even singleplayer! These days, very few people care about Ubisoft and they pirate their games to tell them that their DRM is useless and they should stop creating more enemies.
Obviously the RIAA/MPAA ignores these factors because they are greedy pigs who want more and more money. The future looks grim.
They can’t monitor encrypted traffic. Time to select the “Force” option in uTorrent ;)
Speaking of which, I should really finish up that VPN article…
ok, i’m pretty much cyber-ignorant but how complex is the software that connects a computer to the “internet”? if my 2gig dual core pc can run it, why shouldn’t at n t (fr instance) be required to let me use their system like they must do for telephone companies. actually, i think they have to provide access for dsl services too. is a license required to access the internet? who owns the internet? the government (of by and for–us). so i dba “moonlite internet services”, hire at n t’s hardwire system (no intervening software), connect, and go online as fast as their wires/fiber and my software will allow. any “monitoring” at that point is wiretapping. oh well .
If everyone who they threatened told them to shove it and encouraged others to do the same, sooner than later they would stop their threats. Lost revenue from canceled customers speaks louder than even the RIAA and MPAA combined. Just ask Limbaugh about the power of an irritated public.
Of course, an anonymous proxy wouldn’t hurt, either
@donna dawson: Although the government did give their backing in this, it isn’t really the government doing this. Its the entertainment industry of America.
@Kerry: Ouch, dialup… I feel sorry for you.
@Rafael: Interesting analogy. I really didn’t think of it like that before. My guess is the other actions would be a lot more obvious to the American public, who wouldn’t stand for it. This is more behind the scenes.
@Patrick: I agree there are always two sides to the coin. However, with the entertainment industry making record profits it is hard to see their side (not that I’m support pirating — I’m not).
@Patrick: This is true but I think his point was “inform police when X happens”, not necessarily that install GPS.
@Home User: To add to that point, I’m no lawyer but from what I hear downloading is not a litigious offense (i..e you cannot be sued for downloading); uploading is a litigious offense, wrongful distribution or misappropriation or something like that. And for what it is worth, I think they may also be monitoring uploads — I’m not sure though.
@Jeremy: Good points!
@RobCr: Some Aussie love there I see. BTW Rob do you watch cricket? I <3 cricket.
@Donna: Umadbro? (That’s a reference to a video game jargon.)
@Comcast user: While I’m not sure I agree with your logic “get X for free so purchase X” when it comes to pirating, I do see your point.
@Mayank: Hmmm? I’m not sure how this would affect other citizens, unless you mean other citizens living in the USA in which case they have to abid by USA laws anyway (this isn’t a law, yet, btw).
@Dave B: I try to avoid conspiracy theories and all but “America the Free-except-for-certain-aspects-of-your-life-that-rich-people-don’t-like” is not a bad way to put it.
@Richard W: Sometimes it isn’t possible to drop the ISP. There are many places that have limited choice.
@Anonymail: Ditto!
@Dianne: You are welcome! I’m sure there are ways to encrypt your traffic to make it hard to read but no, you can’t get access to the Internet without using an ISP.
@Switch-kun: Okay, I don’t agree with the whole “we pirate because we have to” argument.
@Liam K: I wonder how accurately traffic encryption tools will protect you. I’ve never really looked into it. And, yeah, whatever happened to that VPN article *cough*.
@kit temple: Erm, I’m not sure what you are asking. o_O
@Irritated: Problem with proxies are many of them aren’t anonymous, reliable, or safe.
And it is hard to mobilize the public is such a great fashion. The only reason we beat SOPA/PIPA is because corporate America (the web 2.0 part) spoke against it.
Well you can stop ISPs from snooping on you and protect your privacy by getting an encrypted tunnel like hushtunnel.com and clearing evercookies (en.wikipedia.org/wiki/Evercookie).
Remember bulletin boards? When we’d just pass stuff along by dialing from one 286 computer to the next? It would take a week to get your email across the country. Nowadays, you could have a peer-to-peer wifi network, totally unlicensed and unregulated. OLPC computers are set up to do this in the third world.
@Ashraf: I think that’s the idea; if traffic is encrypted, your ISP can’t tell what’s being transferred — only how much data. I’m sure once the aforementioned policy is implemented, the EFF’s HTTPS Everywhere add-on will quickly become much more popular (and uTorrent’s “Force Encryption” feature in the settings).
> To add to that point, I’m no lawyer but from what I hear downloading is not a litigious offense (i..e you cannot be sued for downloading)
I’m fairly sure the MPAA/RIAA will send a cease and desist if they sniff your IP address at all. The three strikes policy applies though, afaik.
Regarding the VPN article, I have a draft started but I’m doing my best to juggle the article and a research paper on copyright reform I’m writing for a class. I was also hoping to see if I could get free trials in order to compare the speed of each respective VPN, but considering I have 15 on the list, that might not be reasonable…
I tried to post stuff about VPN’s but Ashraf’s comment spam took my comments lol
————————————————————————-
Original Comment
VPN services is what I’ll be using if this actually becomes true…
I tested about 12 free VPN services and I found
RiccoVPN to be good for unlimited data,
CyberghostVPN for 1 GB data/month Unlimited speed
Tunnel Bear for 500 MB data/month Unlimited speed
proXPN has limited bandwith (100kbps) Unlimited Data
Lastly, Spotflux is still in testing and I hope it comes out in time
Can’t post links so go use Google ;)
@Ashraf:
I have a bit of a problem in my adopted country.
I hate cricket, and I hate australian rules football.
Aussie rules is like a giant chaotic raffle. It is a mess to watch. I have seen a couple of past players, that can make it look skilful, but that is so rare, due to the rules, and the unruly ball shape/size.
But I hate cricket the most – because it is boring. Plus they have to nitpick over ‘leg before wicket’ and chucking (bowling with a straight arm).
If they let me change the rules, I might watch. EG Use a steel ball, and no shin pads. That way we don’t need a ‘leg before the wicket’ rule, as they will quickly learn to get their leg well out of the way.
Regards,
Rob
PS If I went back to my birth country (Scotland) -
- I would freeze to death.
- Not sure if they have cricket ? ?. (They may treat it with contempt, because it is English. The Sassenachs have raped/pillaged/robbed us for centuries.)
Did you’all know that the Romans conquered the whole known world. EXCEPT Scotland. They had to give up, and instead build a giant/long wall to keep us out(in).
- They have Soccer (aka Football), which could be interesting, if they let me change the rules.