Will propose federal legislation requiring them to send a warning letter to customers if they access pirated content.
In an antipiracy panel held last Thursday before a gathering of members of the US Chamber of Commerce in Hollywood, Rep. Howard Berman (D-Los Angeles) has stated his intention to introduce legislation that would require ISPs to send a warning letter to subscribers if they access pirated material on the internet.
Berman said that he intends to introduce the bill along with a cosponsor Rep. John Conyers (D-Mich.) through the House Judiciary Subcommittee on Courts, the Internet and Intellectual Property.
Apparently the legislation is intended to be part of a broader bill aimed at "strengthening" anticounterfeiting efforts and will mandate that federal agents enforce intellectual property violations by ISPs. It will also require interagency cooperation and begin the use of international attaches to provide information on antipiracy efforts.
Berman said that there would be a "phase-in period for ISPs to notify subscribers, " and that "Initially, it would be a voluntary program," but it’s unclear what happens to customers who continue to access pirated content after receiving an initial warning letter.
My guess is that if it does become law that users names and addresses may be formally submitted to copyright holders who would then undoubtedly pursue them for copyright infringement and a recoupment of damages incurred.
But, what makes the matter particularly troubling is that ISPs are suddenly deputized into enforcing content filtering mechanisms for which they have little expertise or competence in handling.
Furthermore, there is no effective way for ISPs to determine if content being shared is copyright-protected or not without actually downloading it to find out, or if the person sharing it has expressed permission from the copyright holder to do so as is the case with video download services like BitTorrent Inc.’s video download store.
Also, it’s also unclear if even merely just STREAMING copyrighted content without proper permission of the copyright holder will be allowed under the legislation, but judging by the popularity of sites like TVLInks and YouTube a provision covering this may just be too much for the ISPs to handle.
Considering that most ISPs are having trouble simply increasing bandwidth and network capacity due to manpower and funding shortages do we really need such a worthless and impossible diversion to drag down our networks even further?
I guess the US government really does love its losing battles.
It makes me wonder too however, whether or not the comments of Limewire’s Chairman, Mark Groton, were an impetus for this decision with his recent comments before the House Oversight and Govt Reform Committee.
He mentioned that "…currently, no effective enforcement mechanisms exist to address illegal behavior on P2P networks." He then pointed out how ISPs are a "unique point of control" that could do as Universities do and monitor illegal behavior on their network and then disconnect users "who ignore multiple warnings."
Amazingly, he then suggests that "Similar policies could be mandated for all ISP’s in the United States.
Groton finished his sentiments by observing that ISPs prefer "…not(to) have an enforcement relationship with their paying customers." His solution for this is simple: mandated "…establishment of moderate, yet effective enforcement mechanisms to combat illegal behavior on the Internet."
Now whether or not Groton’s statements in any way helped Berman’s decision to try and get ISPs to police their networks is unclear, but they certainly didn’t hurt it either.
Either way, let’s just hope Congress is good at it’s usual habit of failing to get much accomplished.
Looking for more stuff to watch or download?
Limewire: ‘Congress Should Make ISPs Filter Copyrighted Content’
US Copyright Laws Bringing New Meaning to ‘Long Arm of the Law’
Computer Security Expert Testifies that the RIAA Can’t Identify Users by IP Address
TorrentSpy’s Attorney Wants an ‘Evolution’ for US Copyright Law
Tips on how to not get busted for file-sharing
3 Quick Ways to Watch Movies for FREE!
3 quick ways to watch TV shows for FREE
BitTorrent torrent sites & search engines
uTorrent – A Beginner’s guide to BitTorrent downloading
Watch The Simpsons, The Office, Jackass, South Park, Lost, X-Men, and More, On-Demand For Free
News Tip? Comment? Suggestion? jared@zeropaid.com
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Here here. Gorton embarassed himself and Limewire today. I just feel badly for the developers who have put so much time into a project managed by an incompetent boob.
Another scapegoat! That’s all it is. The MPAA and RIAA can’t get the job done so let’s use the “Terrorists” can use it for acts of violence crap
Well If this happens then alot of Cable and DSL ISP’s will start loosing alot of business. It’s great to beable to pull up web pages quick while using High Speed connection but I know I would not spend what I’m paying now just to surf web pages alone.
or more importantly make the need for faster connections and better bandwidth that they love advertising so much kinda worthless……dont need speed really for browsing and e-mail
Haha the MPAA and RIAA can try as hard as they want try as they must. However they will continue to run on the hamster wheel the call progress. It simpley makes me sad to see the odds against them. File Sharing and illegal copys will continue. No matter how hard they try everyone will get it. As you read this message there are MANY IRC and private nettworks open and more opening. The RIAA and MPAA is fighting for the most redicules purpose ever. Nothing will stop illegal swaps as hard as they try. No matter how many viruses trojans and otherwise they put out we will still continue to recieve free files. I say keep filesharing. Let them know that this country either in cyber space or in our world would not be balanced without the peoples opinion. Filesharing will NEVER come to an end!
As I’ve said before in old post’s: Mom alway’s said “Share & Share Alike” It’s not nice to not share!
@axlman…of course it is…unless you have newsgroups! LOL! But thisguy is just a plain hypocrite for blaming ISP’s.
Lest he FORGET….It was HIS COMPANY that has also contributed to file sharing. So that is just the pot calling the kettle black.
But I do not think ISP’s will ever be able to be held responsible for filesharing because that has been tried and tried and it has always failed to go into law.
I make a prediction that it will fail miserably this time also….the RIAA and MPAA are no longer as “powerful” in the public eye as they once were and now they are becoming despised by their “sue ‘em all” campaign by even some in congress.
Only way to over turn a law is to oppose it.
The easiest form of opposition is blateantly ingnoring the law on a massive scale.
Share more download more problem solved.
It is the one who opposes the law who makes changes in the law it aint the guy that sits back and say shucks.
-infringer-
I wouldn’t be surprised if there is already an idea to use ISP’s to monitor “file sharing” like AT&T is willing to do. With piracy being rolled into security threats that give the F.B.I. clearance to do just what they have been doing all along spying without oversight. P2P is just another tool to use for them.