Slashdot Log In
AT&T Has Begun Issuing RIAA Takedown Notices
Posted by
Soulskill
on Wed Mar 25, 2009 08:00 AM
from the reach-out-and-touch-someone dept.
from the reach-out-and-touch-someone dept.
suraj.sun writes with this excerpt from CNet:
"AT&T, one of the nation's largest Internet service providers, confirmed on Tuesday the company is working with the recording industry to combat illegal file sharing. At a digital music conference in Nashville, Jim Cicconi, a senior executive for AT&T told the audience that the ISP has begun issuing takedown notices to people accused of pirating music by the Recording Industry Association of America, according to one music industry insider who was present. In December, the RIAA, the lobbying group of the four largest recording companies, announced the group would no longer pursue an antipiracy strategy that focused on suing individuals, but rather would seek the help of broadband providers to stem the flow of pirated content. The RIAA said an undisclosed number of ISPs had agreed to cooperate but declined to name them. This is important because the RIAA has said that repeat offenders faced the possibility of losing service — at least temporarily — as part of the music industry's 'graduated response' plan."
Related Stories
[+]
News: RIAA To Stop Prosecuting Individual File Sharers 619 comments
debatem1 writes "According to the Wall Street Journal, the RIAA has decided to abandon its current tactic of suing individuals for sharing copyrighted music. Ongoing lawsuits will be pursued to completion, but no new ones will be filed. The RIAA is going to try working with the ISPs to limit file-sharing services and cut off repeated users. This very surprising development apparently comes as a result of public distaste for the campaign." An RIAA spokesman is quoted as saying that the litigation campaign has been "successful in raising the public's awareness that file-sharing is illegal."
[+]
Your Rights Online: Australian ISP Argues For BitTorrent Users 207 comments
taucross writes "Australian ISP iiNet is making a very bold move. They are asking the court to accept that essentially, BitTorrent cannot be used to distribute pirated content because a packet does not represent a substantial portion of the infringing material. They are also hedging their bets purely on the strength of the movie studios' 'forensic' evidence. This ruling will go straight to the heart of Australia's copyright law. At last, an ISP willing to stand up for its customers! Let's hope we have a technically-informed judge."
[+]
AT&T Won't Terminate User Service For RIAA Without a Court Order 165 comments
On Wednesday, we discussed news that AT&T had begun sending takedown notices to users whom the RIAA has accused of illegally downloading copyrighted works. Cox and Comcast are both cooperating with the RIAA in that regard as well. However, while Cox seems willing to shut off service in the case of repeat offenders, Comcast denied that it was considering a similar penalty, and AT&T said they'll flat out refuse to terminate service on the RIAA's word alone; it will take a court order. They seem satisfied with the effect letters have had on inhibiting such downloads: "'It's a standard part of everybody's terms of service,' [AT&T senior executive vice president Jim Cicconi] said. 'If somebody is engaging in illegal activity, it basically gives us the right to do it ... We're not a finder of fact and under no circumstances would we ever suspend or terminate service based on an allegation from a third party. We're just simply reminding people that they can't engage in illegal activity.' Cicconi said the company began testing this kind of 'forward noticing' late last year and even experimented with sending certified letters. Cicconi said the notices worked. The company saw very few repeat offenders."
This discussion has been archived.
No new comments can be posted.
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
Full
Abbreviated
Hidden
Loading... please wait.
At least this is better than the legal system (Score:4, Insightful)
Re: (Score:3, Informative)
>>>This, correct me if I'm wrong, is completely legal
No it isn't. It violates the Constitutional right to a trial by your peers. It presumes guilt before innocence, and is therefore contrary to existing law. AT&T / RIAA should be required to maintain internet connectivity until *after* they have proved their case in court, and then and only then should ISP access be canceled.
Re:At least this is better than the legal system (Score:5, Interesting)
It depends what the process is.
If the ISP says "we have received a complaint that on at or about you download file from in violation of copyright. Our records confirm that this appears to be correct. If you do not explain, with evidence, why this was not a copyright violation we will consider further action which may include suspension of your account" then not too bad.
If -- as seems far more likely -- the ISP says "We have received a complaint that at some unspecified time you downloaded some unspecified file, which might have been in breach of copyright, so we've suspended your account" then I'm not impressed.
Parent
Re:At least this is better than the legal system (Score:5, Interesting)
considering what we've seen the RIAA due (sue people for ridiculous sums of money) this seems sensible.
The bully keeps hitting you in the face and you complain. When the bully starts to slap you, it doesn't hurt so much, so you're willing to take it. Problem is, both are wrong, and you shouldn't be allowing either in the first place.
So we start with ISPs monitoring your traffic and keeping a record of every mp3 you download. Then after takedown notices are no longer effective (or the RIAA takes the next step of their plan) you start getting a bill in the mail every month for each song you downloaded. Then you start getting targetted advertising as a third-party steps in and makes a deal with the ISP. So now they're going to try and sell you rock because the vast majority of music you download is rock. Pretty soon there's no longer any such thing as privacy between you and your ISP and the world can take a peek at your activity for a few pennies.
But each step seemed less harsh than the previous one, so it's okay.
Parent
Re:At least this is better than the legal system (Score:5, Funny)
The bully keeps hitting you in the face and you complain. When the bully starts to slap you, it doesn't hurt so much, so you're willing to take it. Problem is, both are wrong, and you shouldn't be allowing either in the first place.
The bully just so happens to play the flute, and makes a little money by selling recordings of him playing. He's punching you in the face because you might have bought a recording, might not, but you're giving it out copies of it for free.
We can all make dumb analogies. I'm just surprised you didn't include a car in there.
Parent
Re:At least this is better than the legal system (Score:5, Interesting)
Parent
Re: (Score:3, Insightful)
Re:At least this is better than the legal system (Score:4, Interesting)
I've been thinking about that. Let's say I organize my building into a single network - we buy our own fiber, run it to every house (48 of them), and then organize a shared link to the outside world. We'd be like a mini-ISP that way.
And of course we could peer with the building next door. Running that 50m of cable is not going to be much of a problem, so now it is two buildings.
In densely populated areas you could build quite significant networks this way, I would think... And it would be beautifully decentralized, the way internet was intended to be in the first place.
Parent
Re: (Score:3, Funny)
The bully just so happens to play the flute, and makes a little money by selling recordings of him playing.
The bully is Ian Anderson?
Re: (Score:3, Insightful)
>>>RIAA is punching you in the face because you might have bought a recording, might not, but you're giving it out copies of it for free.
That's vigilante justice and it's not allowed. Removal of access violates the Constitutional right to a trial by your peers. It presumes guilt before innocence, and is therefore contrary to our basic principles. ------ Instead AT&T should be required to maintain internet connectivity until *after* RIAA has proved their case in court (i.e. you are innocent
Re:At least this is better than the legal system (Score:4, Insightful)
Removal of access violates the Constitutional right to a trial by your peers.
Where does the constitution state that you're entitled to a jury trial before a private business can refuse to have you as a customer? Because I'm pretty sure it's not in there at all.
Parent
Re:At least this is better than the legal system (Score:5, Funny)
Parent
Re:At least this is better than the legal system (Score:5, Insightful)
"The heart of the slippery slope fallacy lies in abusing the intuitively appreciable transitivity of implication, claiming that A lead to B, B leads to C, C leads to D and so on, until one finally claims that A leads to Z. While this is formally valid when the premises are taken as a given, each of those contingencies needs to be factually established before the relevant conclusion can be drawn. Slippery slope fallacies occur when this is not done -- an argument that supports the relevant premises is not fallacious and thus isn't a slippery slope fallacy."
In other words, Slippery Slope is only a fallacy if you assume (with no further evidence) that 'A' must inevitably lead to 'Z'. If you have evidence that supports each step of the way, it isn't a logical fallacy.
Besides, most people using the Slippery Slope argument are using a 'worst case' scenario to show what MIGHT happen, not what necessarily WILL happen. It makes sense to avoid scenarios where bad things can happen. (ie: wear your seatbelt, or if you get in an accident, you could get thrown out of the car and die. Using that argument doesn't mean you WILL get in an accident, or that you WILL die if you get in one, but rather that it is a possibility, and because of the severity of the results, it is good to avoid scenarios with such possibilities.)
Parent
Re:At least this is better than the legal system (Score:5, Insightful)
Parent
Re: (Score:3, Interesting)
Re:At least this is better than the legal system (Score:5, Informative)
There may be concerns of privacy (ISP snooping your data, etc)
In New York State that would be a felony:
250.05 Eavesdropping.
A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication.
Eavesdropping is a class E felony.
8. "Unlawfully" means not specifically authorized pursuant to article seven hundred or seven hundred five of the criminal procedure law for the purposes of this section and sections 250.05, 250.10, 250.15, 250.20, 250.25, 250.30 and 250.35 of this article.
Common sense is what we preach
It's not common sense. RIAA can get my internet access revoked on their word alone with zero proof to back up the claim? How the hell is that common sense?
Parent
Re:At least this is better than the legal system (Score:5, Insightful)
It is common sense because the company providing you with internet access is free to terminate that access for any reason at all, or no reason. If they believe it benefits them to arrange some kind of 'graduated response' against copyright violation then they are free to do so.
Just like you are free to buy internet access from someone who hasn't made a similar arrangement.
Parent
Re:At least this is better than the legal system (Score:5, Insightful)
Just like you are free to buy internet access from someone who hasn't made a similar arrangement.
For better or worse internet access is usually provided by someone with a governmentally granted monopoly. In exchange for that monopoly it is usually accepted that we can regulate how they can behave. I would agree with your underlying notion if we had anything remotely approaching a free market for internet service but we alas we don't.
So we can either change that and end the granted monopolies (my preference) or we can regulate what the ISPs are allowed to do. In the latter scenario I don't happen to think they should be allowed to terminate customers based solely on the word of an outside party.
Parent
Re: (Score:3, Insightful)
Dial-up and Satellite aren't an option to someone who uses their internet connection for "hardcore gaming". You wouldn't want to be using VOIP on either of these as well.
Face it.
Re:At least this is better than the legal system (Score:5, Insightful)
Ok, I see your argument - companies should be free to do whatever they want and we're free to do business with however we want.
However, before we allow ATT to take these kinds of actions, shouldn't we first repeal any laws restricting who is allowed to string fiber optic cables on telephone poles, or put telephone poles up in the first place?
In most areas it is illegal to start up your own ISP (and I mean a true end-to-end solution - not just renting lines from ATT/etc which doesn't solve the problem). If that is to be the case, then it seems reasonable for society to be allowed to regulate how the monopoly providers behave.
Also - because telecom is a natural monopoly you're still going to need regulation to get companies to play nicely. That theoretical right to string your own wires is worthless if the Tier-1 providers refuse to route your traffic. Due to technical issues with routing I can even see why they might do so for semi-legitimate reasons.
The problem is that ATT wants libertarian policies when it benefits them, and a command economy where competition is concerned.
Parent
Re:At least this is better than the legal system (Score:4, Interesting)
Parent
Re:At least this is better than the legal system (Score:4, Interesting)
The rest of the world seems to realize that baseless accusations that could end in something being done without anything being done in court, is kind of the problem.
This is RIAA skipping around the legal system because they can't afford to prove what they're accusing.
Parent
Re:At least this is better than the legal system (Score:4, Informative)
There may be concerns of privacy (ISP snooping your data, etc)
I don't believe they are snooping data. In fact they don't have to in order to detect pirated media. The nature of p2p is such that the files need to be advertised!
To use typical nomenclature, evesdropping is when:
1) Alice calls Bob (or makes a connection to Bob's server)
2) Bob answers the phone and discloses the secret meet up location (or sends it digitally over the wire)
3) Eve intercepts the information and shows up.
What's happening in this case is:
1) Bob tells the entire world that he's got the latest Pirates of the Caribbean and is going to let anyone download it.
2) Alice connects and downloads the pirated movie.
3) "Eve" connects and downloads the movie.
4) "Eve" issues a takedown notice.
Of course they might be doing waveform analysis or whatever it is they do on the wire, but I don't believe they are there yet. Illegal warrantless wiretapping is much more serious issue than just connecting to someone's p2p, which is why it's important that we don't get these confused.
Parent
Re:At least this is better than the legal system (Score:5, Insightful)
This removes the RIAA's campaign from the courts, where it was starting to show embarrassing losses, and where its underhanded and possibly illegal methods were subject to scrutiny, and allows it to operate in a realm where there are few, if any, checks on its abuses.
I don't support copying music illegally, but I also don't want my ISP in the back pocket of a powerful and ruthless corporate entity that has repeatedly shown lack of restraint, bad faith, bad judgment, and a complete disregard for those it wrongfully harms.
I have rights in the courts. What rights do I have if my ISP decides to cut my service? What happens when the RIAA wrongfully accuses someone, as they have in the past?
Parent
Defense? (Score:5, Insightful)
In short, screenshot or it didn't happen.
Re: (Score:3, Insightful)
It's not a court of law and most (if not all) ISPs have the right to discountinue service to you at their whim.
Now since AT&T doesn't want to lose money they may require the RIAA to show some kind of proof (e.g. logs). Also you will get warnings before you get disconnected. So when you get your first warning, if you are innocent, see if your network has a list fix it and you are done. If you don't find a leak call AT&T to help you out. Maybe the IP address they have listed for you is actually your neighbor who is downloading stuff.
or you can cancel your service and move to an ISP who wont harass and threaten you based on unsubstantiated accusations.
Re: (Score:3, Insightful)
or you can cancel your service and move to an ISP who wont harass and threaten you based on unsubstantiated accusations.
You could, but if your options are like mine you have: Verizon DSL (crap-tastically slow)
Satellite (worse then DSL)
Comcast
AT&T (i don't know what they offer but I am sure they ahve something) And I live in downtown philadelphia. I need speed I can't go below Comcast. Once I get fios (maybe 2 years it will be available) then I will be switching. But still, I am sure verizon will help the riaa too.
Re:Defense? (Score:5, Insightful)
It's not a court of law and most (if not all) ISPs have the right to discountinue service to you at their whim.
This is probably not true since internet access has become akin to a public utility on which people's livelihoods depend. Is it OK to put Ted Telecommuter out of work because Ted Jr. can't be disciplined out of unauthorized downloading?
Parent
Fine (Score:3, Insightful)
Re:Fine (Score:5, Insightful)
As long as They don't screw with my traffic, I can accept this.
As long as you can accept this, they will screw with your traffic.
Parent
Re: (Score:3, Informative)
1. Who pays your ISP for service, you or the RIAA? Is the RIAA a law enforcement agency? Who is the burden of proof on? Is there a reasonable and established standard of evidence? Is there any real way to dispute a false allegation? What happens when someones life is ruined because of this (can't work from home any longer, can't order goods online, can't communicate with friends)?
2. The RIAA has stopped suing individuals because they realize that's too many people to scare. Now they're waving a big legal st
Kicked off Internet by fiat (Score:5, Insightful)
Re:Kicked off Internet by fiat (Score:4, Insightful)
If you have one available.
Parent
Re:Kicked off Internet by fiat (Score:5, Insightful)
If you're at a party and someone who is notorious for crashing parties and telling the host that random people (who may or may not actually be at the party) are hitting on his wife tells the host you're hitting on his wife, does he have to give you a jury trial before he throws you out?
There, fixed that for you.
Parent
Will it matter? (Score:5, Interesting)
Guilty until proven innocent (Score:5, Funny)
And no recourse.
And I, for one, welcome our new telecommunications overlords. I'd like to remind them that, as a long-time member of /., I can be valuable in helping them round up violators to slave in their fiber-optic tunnels.
Re: (Score:3, Interesting)
The scary part is that our new telecommunications overlords are us.
For the sake of argument: As a malicious copyright holding member of the public, what power does the RIAA have over an ISP that I do not? If I furnish some documents against someone I don't like to an ISP and tell them either to follow the same practice as they employ for the RIAA or face a suit themselves what's going to happen?
Solution (Score:5, Interesting)
- Step one: Find the RIAA's ISP. They probably have a big T3 line or something. ... wait. I forgot that laws only really apply to people, not massive media conglomerates. Oh well, time to come up with another cunning plan...
- Step two: Tape yourself singing in the shower. The worse the better.
- Step three: Rename the recordings. Britney Spears - Toxic, Metallica - Until it Sleeps, etc. The more popular and highly prosecuted the better.
- Step four: Copy files to a VM and install every virus-encrusted file sharing program you have on there. TRY to get caught.
- Step five: Await lawsuit. Counterclaim for piracy.
- Step six: Repeat three times. Three strikes, RIAA's out!
That's nice, but... (Score:4, Insightful)
Re: (Score:3, Interesting)
They don't care.
Most ISPs' outsourced their email because it was cheaper to outsource than block or nag clients with infected PCs.
Re: (Score:3, Interesting)
Practically every major ISP blocks port 25 now. Comcast seems to have taken to blocking port 25 AND listing their customer IP ranges with Spamhaus.
No word on delivery method, no legal force harassm (Score:3, Interesting)
If the "letter" is delivered via email, it's merely an empty gesture.
If it's delivered by snail mail, I'd consider it a form of harassment, as i've heard it mentioned here by lawyers that "notice and takedown" only applies to intermediaries such as webhosts/isp's. If it's against the terms of service cancel the service, otherwise don't worry people or get kids in trouble based on unproven accusations sent to you by a company who cent C&D letters by the hundreds to a copying machine.
Two words from common law:Tortious interference (Score:3, Interesting)
Cyberpunk/Shadowrun (Score:5, Insightful)
Oh, how I miss my youthful days... Getting older and watching fiction become reality is not pleasant...
The Devil's in the Details (Score:4, Interesting)
I'm opposed to downloading copyrighted materials without the consent of the copyright holder.
Having said that, I'm extremely suspicious that AT&T's process is fair. I have questions:
1) Is this truly targeted towards copyright violators, or is this just a bandwidth management strategy? That is to say, if I download 100 Gb of Linux ISO's, will I get nailed?
2) Is this is 3 strikes (accusations) and you're out policy?
3) Is there any dispute resolution process or recourse for those who believe they're falsely accused? After all, identifying users by their IP addresses does yield false positives?
4) If I actually did download or upload something illegally several times, will I lose my internet access? What if I still need to pay bills, etc? Losing internet access is almost like losing phone service nowadays.
I think the process would be much fairer if there was a dispute resolution process and that the ultimate punishment would be getting your connection relegated to dial-up speeds.
However, I suspect that AT&T's motives aren't entirely towards being fair to their customers.
Here's my view of the long term results of this... (Score:5, Interesting)
I see the long term results of this strategy similar to electricity and phones. Companies can not arbitrarily turn off your phone without a valid arguement that can withstand courts. This is due to many medical equipment devices requiring electricity and phone lines be available. To many people, going without the internet is as serious as going without electricity (albeit very arguably). I'm sure after a few years legislation will attempt to be passed protecting the internet connections to homes the same way. What is the RIAA and the ISPs in the RIAA's back pocket going to do then? Use the excuse of "we've always done it this way"? At some point someone is going to deem the internet a necessity in the home, and the RIAA is going to have to change their tactic or attempt to buy out the legislation.
Re:Just another way for ISPs to make money... (Score:5, Funny)
we're talking about Comcast/Verizon here
No we are talking about AT&T. You didn't even have to RTFA to see that. Look at the title, or hell the first word in the snippit
Parent
Re: (Score:3, Interesting)
If you are actually doing the stuff just stop for a while you will be fine.
This is why we need pay-per-byte (Score:4, Insightful)
I still find it amazing that ISPs go along with thi....wait...we're talking about Comcast/Verizon here. Same people who used to throttle legitimate P2P traffic. I guess we can assume that if you're shut off for 3 months for downloading music, there will be a fee greater than the bill for 3 months of service you missed to reinstate your account.
It took me a while to figure out what was in it for them as well. After all, this is a lot of work just to piss off your customers. But you hit it with the comparison to P2P throttling - what they want to do is get rid of their most unprofitable customers - those using the most bandwidth. One subset of people using lots of bandwidth includes people downloading music illegally. As it happens, that's a group easy to go after - but they certainly won't stop there.
If you want to see this go away, we need to push for the demise of flat-rate pricing. If the carriers were *more* money by the people using more bandwidth (for whatever reason), they'd be telling the RIAA to go pound sand.
Parent
Re: (Score:3, Insightful)
As much as I love encryption and would like to see more bittorrent clients using it I hope you realize that it means absolutely nothing with regards to keeping RIAA from knowing you are sharing.
The typical method that they use is to connect to the tracker and get a list of the clients who are sharing the file(s) in question. It doesn't matter if your client is running encryption or not -- they are going to find out that your IP address is sharing this file. The only solution for this is private trackers.