The new “Copyright Alert System” is finally launching across
all of the major Internet providers in the United States of America including AT&T, Cablevision, Comcast, Time Warner,
and Verizon. The organisation coordinating the Hollywood-backed scheme, the
Center for Copyright Information, confirmed in a blog post yesterday (25th
February) that “the implementation phase
of the Copyright Alert System” had begun ushering in a system which will monitor and
collect the IP addresses of computers apparently downloading and sharing copyrighted
content illegally, ultimately exposing infringing users to the risk of "bandwidth throttling". The CCI says that the move marks “the culmination of many months of work on
this groundbreaking and collaborative effort to curb online piracy and promote
the lawful use of digital music, movies and TV shows”.
Suspected infringers will be flagged up to the Internet
providers as part of a “six strikes” program. If a user is accused of
downloading the latest box office smash or hot music track, the user will initially receive “educational
notices” designed to warn the user that they have misbehaved. Ignore the notice
will results in the next stage of the ‘six strikes’ programme, with an
escalation in actions as the process continues. After receiving two
“educational” Copyright Alerts, alleged violators will be sent two additional
alerts requiring a response; the most severe "mitigation" steps,
which would come after the fifth and sixth detected infringement, could reduce
or “throttle” the customer's bandwidth
or redirect that person's browsing automatically to an anti-piracy information
page. Notably, the ISPs haven't been willing to go as far as the major studios
and labels have sought, which would be to actually cut off a users Internet
access after multiple alleged offences.
Jill Lesser, executive director of the CCI, said the five
ISPs would send notices only about illegal file-sharing, even though it is
clear that much of the piracy online has shifted to unauthorized streaming
sites and locker services. "It is certainly not the most innovative form
of piracy," Lesser said of file-sharing, "but it’s still among the
biggest" adding that the content industries had wanted to avoid biting off
more than they could chew but “Once they've shown they can make the system work
we can find ways to expand it."
Users who receive a warning notice which they believe is false or
inaccurate they can challenge it with an independent arbitrator — but will have
to fork out a $35 “filing fee”. Opponents of the scheme say that they lay the
groundwork for more invasive monitoring by ISPs (with one calling the new scheme a ‘spy
programme’), and that they threaten to expose users who should be protected by “fair
use” provisions in US copyright law to sanctions by their ISP.
