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Showing posts with label Pirating. Show all posts
Showing posts with label Pirating. Show all posts

Tuesday, April 17, 2012

CISPA Bill Lets ISPs Spy On and Report Pirating Subscribers

by Ernesto, TorrentFreak

After the SOPA and PIPA uproar the Internet has become increasingly aware of the US Government?s attempts at meddling with the web. In recent days the Cyber Intelligence Sharing and Protection Act (CISPA) has moved to the forefront. Critics of the bill point out that it would allow companies to spy on Internet users, and as it?s written CISPA would further allow ISPs to block allegedly infringing transfers and report pirating users to a variety of organizations.

When it comes to legislation involving the Internet, the masses have become quite paranoid. Perhaps rightly so.

The latest bill to gain attention online is CISPA, or the Cyber Intelligence Sharing and Protection Act. As the title suggests the main goal of the bill is to deal with ?cybersecurity,? but with a lack of definition as to what that actually entails, it?s also one of the major weaknesses.

In short CISPA would allow companies to spy on Internet users and collect and share this data with third-party companies or Government agencies. As long as the company states that these privacy violations are needed to protect against ?cybersecurity? threats, they are immune from civil and criminal liabilities.

Some have described the bill as a new SOPA, but it?s nothing like it. Where SOPA was focused on the shutting down of copyright infringing websites, CISPA is directly targeted at individual Internet subscribers, including copyright infringers.

While the definition of a cybersecurity threat is rather vague, intellectual property is specifically mentioned in the bill. For example, among many other descriptions CISPA defines a cybersecurity purpose as follows.

?A system designed or employed to [...] protect a system or network from [...] theft or misappropriation of [...] intellectual property.?
In other words, the bill would make it possible for ISPs to actively monitor the private communications of subscribers to detect and censor the transfers of copyrighted content. In addition, the personal details of these users could then be freely shared with third parties.

It?s hard to not interpret the above as a huge problem for people?s right to private communications.

While there is little known about how companies and authorities plan to use the bill, it is the vagueness and broad definitions that get people worried. Copyright holders should have tools to protect their rights, but as it stands CISPA completely destroys people?s right to privacy under certain circumstances.

This has caused great concern among the public, and a few days ago digital rights group EFF also sent out an alarming message warning people about the looming threat posed by CISPA.

?There are almost no restrictions on what can be collected and how it can be used, provided a company can claim it was motivated by ?cybersecurity purposes?,? EFF writes.

?That means a company like Google, Facebook, Twitter, or AT&T could intercept your emails and text messages, send copies to one another and to the government, and modify those communications or prevent them from reaching their destination if it fits into their plan to stop cybersecurity threats.?

In recent weeks CISPA has gained support from over 100 lawmakers in Congress, anti-piracy lobby groups such as the BSA and US Chamber of Commerce, but also tech companies including Facebook, Microsoft and Verizon.

These supporters are likely to argue that the bill wont be used as a massive spying machine, but if that?s the case the text should be amended to reflect that. To a certain degree CISPA faces the same problem as SOPA, in that the vagueness of the definitions give rise to speculations, in this case horrific 1984-like spying systems.

In its current form CISPA serves only to fuel the paranoid concerns of the public in which ironically the bill itself exists as the security threat.


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isps: hey pirates, too bad.

pirates (everyone): hey isps, i no longer need this level of service. please downgrade my account.

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View the original article here

Thursday, February 9, 2012

Justice Department Backs RIAA Against Pirating Student

by Ernesto

The Department of Justice has filed a brief siding with the RIAA in its civil case against the file-sharing student Joel Tenenbaum.The RIAA is protesting a demand from the student?s legal team, who want the court to reduce the massive $675,000 fine on due process grounds, to the minimum statutory damages of $750 per song.

More than half a decade ago, the RIAA sued tens of thousands of alleged file-sharers. While the music group settled with the majority for a few thousand dollars each, student Joel Tenenbaum chose to put up a fight.

As of today, the case is still ongoing.

In 2009, a jury found Tenenbaum guilty of ?willful infringement? and awarded damages mounting to $675,000. A year later this amount was reduced by 90% when Judge Nancy Gertner ruled that the penalty was excessive and unconstitutional. In 2011 this decision that was reversed after a new hearing at the Court of Appeals.

In yet another appeal, Tenenbaum?s legal team, headed by Harvard law professor Charles Nesson, is asking the court to reduce the $22,500 fine per song to the minimum statutory damages of $750 per song. This request is made on due process grounds.

As expected, the RIAA doesn?t agree with the request and presented its arguments to the court last Friday. But they were not alone ? on the same day the Department of Justice also filed a brief with the court, backing the RIAA?s vision on the case.

In a 26-page filing the Department of Justice makes the argument that previous cases, as cited by Tenenbaum?s legal team, do not apply in this instance. It concludes that the due process grounds are not relevant yet and that the damages therefore shouldn?t be reduced before the case continues.

The due process question should only be answered when the court decides that the jury?s award of $22,500 per song is not excessive, according to the Departement of Justice.

?The only circumstance in which the Court can reach Defendant?s due process challenge at this time is if the Court first determines the jury?s statutory damages award is not excessive under the common law remittitur standard. The United States, therefore, does not believe it is necessary at this juncture to address the merits of Defendant?s constitutional claim,? the DoJ writes.

Although this is not the first time the Justice Department has become involved in an RIAA civil case, it remains unclear why they chose to intervene this time. What we do know is that the authorities are very up-to-date with the legal proceedings, as five former RIAA lawyers are now employed by the Department of Justice.

Whether these connections between the Justice Department and the RIAA have increased the likelihood of the authorities getting involved is hard to say. However, it is clear that Tenenbaum and his legal team are up against some serious resistance, and that the US authorities don?t want the student to get off that easily..

To be continued, indefinitely.


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This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (found at the U.S. Copyright Office) and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.
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"Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing ever happened..." - Winston Churchill


View the original article here