<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>ZeroPaid.com &#187; isp</title>
	<atom:link href="http://www.zeropaid.com/tag/isp/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.zeropaid.com</link>
	<description></description>
	<lastBuildDate>Sun, 12 Feb 2012 22:53:21 +0000</lastBuildDate>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.1</generator>
<xhtml:meta xmlns:xhtml="http://www.w3.org/1999/xhtml" name="robots" content="noindex" />
		<item>
		<title>Guide: Bandwidth Caps, What Speed Are You Really Getting?</title>
		<link>http://www.zeropaid.com/news/91161/guide-bandwidth-caps-what-speed-are-you-really-getting/</link>
		<comments>http://www.zeropaid.com/news/91161/guide-bandwidth-caps-what-speed-are-you-really-getting/#comments</comments>
		<pubDate>Thu, 18 Aug 2011 21:37:58 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[Guides]]></category>
		<category><![CDATA[bandwidth caps]]></category>
		<category><![CDATA[comcast]]></category>
		<category><![CDATA[GB]]></category>
		<category><![CDATA[guide]]></category>
		<category><![CDATA[internet]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[MB]]></category>
		<category><![CDATA[speed]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=91161</guid>
		<description><![CDATA[<p><img width="200" height="106" src="http://www.zeropaid.com/wp-content/uploads/2011/08/Cable_lock_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="Cable_lock_crop" title="Cable_lock_crop" /></p><h3>When it comes to internet connection speeds, ISPs often advertise some blazing fast speeds - sometimes at a fairly cheap rate.  Unfortunately, a lot of these deals come with a very big string attached to it - bandwidth caps.  In response, we here at ZeroPaid have decided to offer some helpful tables that should show what your cap says about your internet connection.</h3>

Bandwidth caps are often the most annoying thing one can get with an internet connection.  Sure, you can, say, download at 500 Megabytes a second, but what good is a connection like that when all you got is a 10 Gigabyte cap?  If you want to get a decent sense of just how frustrating bandwidth caps are, just ask hardcore Australian BitTorrent users how much they like bandwidth caps.

While an advertised connection speed is interesting information, it doesn't really tell you the whole story about an internet connection.  A bandwidth cap is often imposed on faster connections and when it comes to marketing an internet connection speed, the caps aren't always as well advertised.  While they aren't as well advertised, the cap actually offers an important key component to figuring out just how fast your connection speed ultimately is on a monthly basis.

What I propose is an "Average Connection Speed".  If I left my internet connection running 24 hours constantly for a whole month without any let-up on down or upstream, what should I personally cap the speed at so I don't go over the monthly allotted limit on my internet connection plan?  That is what I'd consider an "Average Connection Speed".  Yes, it's very hard to achieve this in practice, so the numbers will be a bit conservative, but will give you a good idea what your average connection speed is. 

These parameters make it very easy to calculate what the average connection speed is. We should first presume, for easy math, that each month is 30 days.  The reason we go by month is because many data plans give caps on a per month basis.

We need to next figure out how fast the connection speed is in Mbps.  Unfortunately, data doesn't necessarily divide as nicely as, say, meters to kilometers.  Fortunately, data calculators online <a href=http://www.unitconversion.org/data-storage/gigabytes-to-megabits-conversion.html target=_blank>do exist</a>.  Since data plans often advertise the caps in Gigabytes a month, we need to figure out how many megabits that is in order to figure out our Mbps.

From there, it's a matter of dividing.  Since we are presuming each month is 30 days, we divide by 30.  Since each day is 24 hours long, we first divide the total number of Mb by 24.  Then, since each hour has 60 minutes, we then divide the figure by 60.  Since each minute has 60 seconds, we finally divide by 60 again to get our figure.

In case you don't feel like doing the math, we've created the following table for quick reference below.  As an example of how a bandwidth cap tells the true story of an internet connection speed, we'll use the example of Comcast.  In the Comcast <a href=http://customer.comcast.com/Pages/FAQViewer.aspx?seoid=frequently-asked-questions-about-excessive-use target=_blank>FAQ</a>, we can find out that their bandwidth cap 250GB a month.  So, using our calculating method, we can determine that the actual speed of that particular connection on average is about 0.79Mbps.  So, if we find a connection speed faster then that, then it's simply not worth it as we'll easily go over the cap.

For additional reference, a 56k modem goes at around 0.055Mbps.  According to <a href=http://arstechnica.com/old/content/2008/06/jokes-over-fcc-establishes-new-broadband-measurement-system.ars target=_blank>old FCC rules</a>, 200Kbps (or 0.2Mbps) was considered high speed broadband.  The rules revised as of three years ago connection speeds up to 768Kbps (or 0.75Mbps) is considered first generation data.  From there, connection speeds up to 1.5Mbps is considered basic broadband.

So, here is our data table.  You can compare data caps and connection speeds much more easily and find out what deal most closely resembles the advertised speeds.

<table width=100%>
<tr>
<td><strong>Bandwidth Cap (per month)</strong></td>
<td><strong>Average Connection Speed (per month)</strong></td>
</tr>
<tr>
<td>1GB</td>
<td><font color=#f00>0.003Mbps</font></td>
</tr>
<tr>
<td>2GB</td>
<td><font color=#f00>0.006Mbps</font></td>
</tr>
<tr>
<td>3GB</td>
<td><font color=#f00>0.009Mbps</font></td>
</tr>
<tr>
<td>4GB</td>
<td><font color=#f00>0.013Mbps</font></td>
</tr>
<tr>
<td>5GB</td>
<td><font color=#f00>0.016Mbps</font></td>
</tr>
<tr>
<td>10GB</td>
<td><font color=#f00>0.032Mbps</font></td>
</tr>
<tr>
<td>15GB</td>
<td><font color=#f00>0.047Mbps</font></td>
</tr>
<tr>
<td>20GB</td>
<td><font color=#ff6600>0.063Mbps</font></td>
</tr>
<tr>
<td>25GB</td>
<td><font color=#ff6600>0.079Mbps</font></td>
</tr>
<tr>
<td>30GB</td>
<td><font color=#ff6600>0.095Mbps</font></td>
</tr>
<td>35GB</td>
<td><font color=#ff6600>0.111Mbps</font></td>
</tr>
<tr>
<td>40GB</td>
<td><font color=#ff6600>0.126Mbps</font></td>
</tr>
<tr>
<td>45GB</td>
<td><font color=#ff6600>0.142Mbps</font></td>
</tr>
<tr>
<td>50GB</td>
<td><font color=#ff6600>0.158Mbps</font></td>
</tr>
<tr>
<td>60GB</td>
<td><font color=#ff6600>0.190Mbps</font></td>
</tr>
<tr>
<td>70GB</td>
<td><font color=#b9b900>0.221Mbps</font></td>
</tr>
<tr>
<td>75GB</td>
<td><font color=#b9b900>0.237Mbps</font></td>
</tr>
<tr>
<td>80GB</td>
<td><font color=#b9b900>0.253Mbps</font></td>
</tr>
<tr>
<td>90GB</td>
<td><font color=#b9b900>0.284Mbps</font></td>
</tr>
<tr>
<td>100GB</td>
<td><font color=#b9b900>0.316Mbps</font></td>
</tr>
<tr>
<td>125GB</td>
<td><font color=#b9b900>0.395Mbps</font></td>
</tr>
<tr>
<td>150GB</td>
<td><font color=#b9b900>0.474Mbps</font></td>
</tr>
<tr>
<td>175GB</td>
<td><font color=#b9b900>0.553Mbps</font></td>
</tr>
<tr>
<td>200GB</td>
<td><font color=#b9b900>0.632Mbps</font></td>
</tr>
<tr>
<td>225GB</td>
<td><font color=#b9b900>0.711Mbps</font></td>
</tr>
<td>250GB</td>
<td><font color=#00cc00>0.790Mbps</font></td>
</tr>
<tr>
<td>275GB</td>
<td><font color=#00cc00>0.869Mbps</font></td>
</tr>
<tr>
<td>300GB</td>
<td><font color=#00cc00>0.948Mbps</font></td>
</tr>
<tr>
<td>350GB</td>
<td><font color=#00cc00>1.106Mbps</font></td>
</tr>
<td>400GB</td>
<td><font color=#00cc00>1.264Mbps</font></td>
</tr>
<tr>
<td>450GB</td>
<td><font color=#00cc00>1.422Mbps</font></td>
</tr>
<tr>
<td>500GB</td>
<td><font color=#33ccff>1.580Mbps</font></td>
</tr>
<tr>
<td>600GB</td>
<td><font color=#33ccff>1.896Mbps</font></td>
</tr>
<tr>
<td>700GB</td>
<td><font color=#33ccff>2.213Mbps</font></td>
</tr>
<tr>
<td>750GB</td>
<td><font color=#33ccff>2.370Mbps</font></td>
</tr>
<tr>
<td>800GB</td>
<td><font color=#33ccff>2.528Mbps</font></td>
</tr>
<tr>
<td>900GB</td>
<td><font color=#33ccff>2.844Mbps</font></td>
</tr>
<tr>
<td>1000GB</td>
<td><font color=#0000ff>3.160Mbps</font></td>
</tr>
<tr>
<td>1250GB</td>
<td><font color=#0000ff>3.950Mbps</font></td>
</tr>
<tr>
<td>1500GB</td>
<td><font color=#0000ff>4.741Mbps</font></td>
</tr>
<tr>
<td>1750GB</td>
<td><font color=#0000ff>5.531Mbps</font></td>
</tr>
<tr>
<td>2000GB</td>
<td><font color=#000066>6.321Mbps</font></td>
</tr>
<tr>
<td>2250GB</td>
<td><font color=#000066>7.111Mbps</font></td>
</tr>
<tr>
<td>2500GB</td>
<td><font color=#000066>7.901Mbps</font></td>
</tr>
<tr>
<td>2750GB</td>
<td><font color=#000066>8.691Mbps</font></td>
</tr>
<tr>
<td>3000GB</td>
<td><font color=#000066>9.481Mbps</font></td>
</tr>
<tr>
<td>3250GB</td>
<td><font color=#555555>10.272Mbps</font></td>
</tr>
<tr>
<td>3500GB</td>
<td><font color=#555555>11.062Mbps</font></td>
</tr>
<tr>
<td>4000GB</td>
<td><font color=#555555>12.642Mbps</font></td>
</tr>
<tr>
<td>5000GB</td>
<td><font color=#555555>15.802Mbps</font></td>
</tr>
<tr>
<td>6000GB</td>
<td><font color=#555555>18.963Mbps</font></td>
</tr>
<tr>
<td>7000GB</td>
<td><font color=#555555>22.123Mbps</font></td>
</tr>
<tr>
<td>7500GB</td>
<td><font color=#555555>23.704Mbps</font></td>
</tr>
<tr>
<td>8000GB</td>
<td>25.284Mbps</td>
</tr>
<tr>
<td>9000GB</td>
<td>28.444Mbps</td>
</tr>
<tr>
<td>10000GB</td>
<td>31.605Mbps</td>
</tr>
<tr>
<td>11000GB</td>
<td>34.765Mbps</td>
</tr>
<tr>
<td>12000GB</td>
<td>37.926Mbps</td>
</tr>
<tr>
<td>14000GB</td>
<td>44.247Mbps</td>
</tr>
<tr>
<td>16000GB</td>
<td>50.568Mbps</td>
</tr>
<tr>
<td>18000GB</td>
<td>56.889Mbps</td>
</tr>
<tr>
<td>20000GB</td>
<td>63.210Mbps</td>
</tr>
<tr>
<td>22000GB</td>
<td>69.531Mbps</td>
</tr>
<tr>
<td>24000GB</td>
<td>75.852Mbps</td>
</tr>
<tr>
<td>26000GB</td>
<td>82.173Mbps</td>
</tr>
<tr>
<td>28000GB</td>
<td>88.494Mbps</td>
</tr>
<tr>
<td>30000GB</td>
<td>94.815Mbps</td>
</tr>
<tr>
<td>31000GB</td>
<td>97.975Mbps</td>
</tr>
<td>32000GB</td>
<td><strong>101.136Mbps</strong></td>
</tr>
</table>

We should point out that this is, by no means, the only way to figure out whether or not a particular internet connection package is right for you.  However, this does provide an interesting angle of looking at a given internet connection package.  Again, this data assumes that every month is 30 days.  31 day months will change the numbers somewhat, but this graph is really meant to provide you with a general idea of what you are looking at in terms of bandwidth caps.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="106" src="http://www.zeropaid.com/wp-content/uploads/2011/08/Cable_lock_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="Cable_lock_crop" title="Cable_lock_crop" /></p><h3>When it comes to internet connection speeds, ISPs often advertise some blazing fast speeds - sometimes at a fairly cheap rate.  Unfortunately, a lot of these deals come with a very big string attached to it - bandwidth caps.  In response, we here at ZeroPaid have decided to offer some helpful tables that should show what your cap says about your internet connection.</h3>

Bandwidth caps are often the most annoying thing one can get with an internet connection.  Sure, you can, say, download at 500 Megabytes a second, but what good is a connection like that when all you got is a 10 Gigabyte cap?  If you want to get a decent sense of just how frustrating bandwidth caps are, just ask hardcore Australian BitTorrent users how much they like bandwidth caps.

While an advertised connection speed is interesting information, it doesn't really tell you the whole story about an internet connection.  A bandwidth cap is often imposed on faster connections and when it comes to marketing an internet connection speed, the caps aren't always as well advertised.  While they aren't as well advertised, the cap actually offers an important key component to figuring out just how fast your connection speed ultimately is on a monthly basis.

What I propose is an "Average Connection Speed".  If I left my internet connection running 24 hours constantly for a whole month without any let-up on down or upstream, what should I personally cap the speed at so I don't go over the monthly allotted limit on my internet connection plan?  That is what I'd consider an "Average Connection Speed".  Yes, it's very hard to achieve this in practice, so the numbers will be a bit conservative, but will give you a good idea what your average connection speed is. 

These parameters make it very easy to calculate what the average connection speed is. We should first presume, for easy math, that each month is 30 days.  The reason we go by month is because many data plans give caps on a per month basis.

We need to next figure out how fast the connection speed is in Mbps.  Unfortunately, data doesn't necessarily divide as nicely as, say, meters to kilometers.  Fortunately, data calculators online <a href=http://www.unitconversion.org/data-storage/gigabytes-to-megabits-conversion.html target=_blank>do exist</a>.  Since data plans often advertise the caps in Gigabytes a month, we need to figure out how many megabits that is in order to figure out our Mbps.

From there, it's a matter of dividing.  Since we are presuming each month is 30 days, we divide by 30.  Since each day is 24 hours long, we first divide the total number of Mb by 24.  Then, since each hour has 60 minutes, we then divide the figure by 60.  Since each minute has 60 seconds, we finally divide by 60 again to get our figure.

In case you don't feel like doing the math, we've created the following table for quick reference below.  As an example of how a bandwidth cap tells the true story of an internet connection speed, we'll use the example of Comcast.  In the Comcast <a href=http://customer.comcast.com/Pages/FAQViewer.aspx?seoid=frequently-asked-questions-about-excessive-use target=_blank>FAQ</a>, we can find out that their bandwidth cap 250GB a month.  So, using our calculating method, we can determine that the actual speed of that particular connection on average is about 0.79Mbps.  So, if we find a connection speed faster then that, then it's simply not worth it as we'll easily go over the cap.

For additional reference, a 56k modem goes at around 0.055Mbps.  According to <a href=http://arstechnica.com/old/content/2008/06/jokes-over-fcc-establishes-new-broadband-measurement-system.ars target=_blank>old FCC rules</a>, 200Kbps (or 0.2Mbps) was considered high speed broadband.  The rules revised as of three years ago connection speeds up to 768Kbps (or 0.75Mbps) is considered first generation data.  From there, connection speeds up to 1.5Mbps is considered basic broadband.

So, here is our data table.  You can compare data caps and connection speeds much more easily and find out what deal most closely resembles the advertised speeds.

<table width=100%>
<tr>
<td><strong>Bandwidth Cap (per month)</strong></td>
<td><strong>Average Connection Speed (per month)</strong></td>
</tr>
<tr>
<td>1GB</td>
<td><font color=#f00>0.003Mbps</font></td>
</tr>
<tr>
<td>2GB</td>
<td><font color=#f00>0.006Mbps</font></td>
</tr>
<tr>
<td>3GB</td>
<td><font color=#f00>0.009Mbps</font></td>
</tr>
<tr>
<td>4GB</td>
<td><font color=#f00>0.013Mbps</font></td>
</tr>
<tr>
<td>5GB</td>
<td><font color=#f00>0.016Mbps</font></td>
</tr>
<tr>
<td>10GB</td>
<td><font color=#f00>0.032Mbps</font></td>
</tr>
<tr>
<td>15GB</td>
<td><font color=#f00>0.047Mbps</font></td>
</tr>
<tr>
<td>20GB</td>
<td><font color=#ff6600>0.063Mbps</font></td>
</tr>
<tr>
<td>25GB</td>
<td><font color=#ff6600>0.079Mbps</font></td>
</tr>
<tr>
<td>30GB</td>
<td><font color=#ff6600>0.095Mbps</font></td>
</tr>
<td>35GB</td>
<td><font color=#ff6600>0.111Mbps</font></td>
</tr>
<tr>
<td>40GB</td>
<td><font color=#ff6600>0.126Mbps</font></td>
</tr>
<tr>
<td>45GB</td>
<td><font color=#ff6600>0.142Mbps</font></td>
</tr>
<tr>
<td>50GB</td>
<td><font color=#ff6600>0.158Mbps</font></td>
</tr>
<tr>
<td>60GB</td>
<td><font color=#ff6600>0.190Mbps</font></td>
</tr>
<tr>
<td>70GB</td>
<td><font color=#b9b900>0.221Mbps</font></td>
</tr>
<tr>
<td>75GB</td>
<td><font color=#b9b900>0.237Mbps</font></td>
</tr>
<tr>
<td>80GB</td>
<td><font color=#b9b900>0.253Mbps</font></td>
</tr>
<tr>
<td>90GB</td>
<td><font color=#b9b900>0.284Mbps</font></td>
</tr>
<tr>
<td>100GB</td>
<td><font color=#b9b900>0.316Mbps</font></td>
</tr>
<tr>
<td>125GB</td>
<td><font color=#b9b900>0.395Mbps</font></td>
</tr>
<tr>
<td>150GB</td>
<td><font color=#b9b900>0.474Mbps</font></td>
</tr>
<tr>
<td>175GB</td>
<td><font color=#b9b900>0.553Mbps</font></td>
</tr>
<tr>
<td>200GB</td>
<td><font color=#b9b900>0.632Mbps</font></td>
</tr>
<tr>
<td>225GB</td>
<td><font color=#b9b900>0.711Mbps</font></td>
</tr>
<td>250GB</td>
<td><font color=#00cc00>0.790Mbps</font></td>
</tr>
<tr>
<td>275GB</td>
<td><font color=#00cc00>0.869Mbps</font></td>
</tr>
<tr>
<td>300GB</td>
<td><font color=#00cc00>0.948Mbps</font></td>
</tr>
<tr>
<td>350GB</td>
<td><font color=#00cc00>1.106Mbps</font></td>
</tr>
<td>400GB</td>
<td><font color=#00cc00>1.264Mbps</font></td>
</tr>
<tr>
<td>450GB</td>
<td><font color=#00cc00>1.422Mbps</font></td>
</tr>
<tr>
<td>500GB</td>
<td><font color=#33ccff>1.580Mbps</font></td>
</tr>
<tr>
<td>600GB</td>
<td><font color=#33ccff>1.896Mbps</font></td>
</tr>
<tr>
<td>700GB</td>
<td><font color=#33ccff>2.213Mbps</font></td>
</tr>
<tr>
<td>750GB</td>
<td><font color=#33ccff>2.370Mbps</font></td>
</tr>
<tr>
<td>800GB</td>
<td><font color=#33ccff>2.528Mbps</font></td>
</tr>
<tr>
<td>900GB</td>
<td><font color=#33ccff>2.844Mbps</font></td>
</tr>
<tr>
<td>1000GB</td>
<td><font color=#0000ff>3.160Mbps</font></td>
</tr>
<tr>
<td>1250GB</td>
<td><font color=#0000ff>3.950Mbps</font></td>
</tr>
<tr>
<td>1500GB</td>
<td><font color=#0000ff>4.741Mbps</font></td>
</tr>
<tr>
<td>1750GB</td>
<td><font color=#0000ff>5.531Mbps</font></td>
</tr>
<tr>
<td>2000GB</td>
<td><font color=#000066>6.321Mbps</font></td>
</tr>
<tr>
<td>2250GB</td>
<td><font color=#000066>7.111Mbps</font></td>
</tr>
<tr>
<td>2500GB</td>
<td><font color=#000066>7.901Mbps</font></td>
</tr>
<tr>
<td>2750GB</td>
<td><font color=#000066>8.691Mbps</font></td>
</tr>
<tr>
<td>3000GB</td>
<td><font color=#000066>9.481Mbps</font></td>
</tr>
<tr>
<td>3250GB</td>
<td><font color=#555555>10.272Mbps</font></td>
</tr>
<tr>
<td>3500GB</td>
<td><font color=#555555>11.062Mbps</font></td>
</tr>
<tr>
<td>4000GB</td>
<td><font color=#555555>12.642Mbps</font></td>
</tr>
<tr>
<td>5000GB</td>
<td><font color=#555555>15.802Mbps</font></td>
</tr>
<tr>
<td>6000GB</td>
<td><font color=#555555>18.963Mbps</font></td>
</tr>
<tr>
<td>7000GB</td>
<td><font color=#555555>22.123Mbps</font></td>
</tr>
<tr>
<td>7500GB</td>
<td><font color=#555555>23.704Mbps</font></td>
</tr>
<tr>
<td>8000GB</td>
<td>25.284Mbps</td>
</tr>
<tr>
<td>9000GB</td>
<td>28.444Mbps</td>
</tr>
<tr>
<td>10000GB</td>
<td>31.605Mbps</td>
</tr>
<tr>
<td>11000GB</td>
<td>34.765Mbps</td>
</tr>
<tr>
<td>12000GB</td>
<td>37.926Mbps</td>
</tr>
<tr>
<td>14000GB</td>
<td>44.247Mbps</td>
</tr>
<tr>
<td>16000GB</td>
<td>50.568Mbps</td>
</tr>
<tr>
<td>18000GB</td>
<td>56.889Mbps</td>
</tr>
<tr>
<td>20000GB</td>
<td>63.210Mbps</td>
</tr>
<tr>
<td>22000GB</td>
<td>69.531Mbps</td>
</tr>
<tr>
<td>24000GB</td>
<td>75.852Mbps</td>
</tr>
<tr>
<td>26000GB</td>
<td>82.173Mbps</td>
</tr>
<tr>
<td>28000GB</td>
<td>88.494Mbps</td>
</tr>
<tr>
<td>30000GB</td>
<td>94.815Mbps</td>
</tr>
<tr>
<td>31000GB</td>
<td>97.975Mbps</td>
</tr>
<td>32000GB</td>
<td><strong>101.136Mbps</strong></td>
</tr>
</table>

We should point out that this is, by no means, the only way to figure out whether or not a particular internet connection package is right for you.  However, this does provide an interesting angle of looking at a given internet connection package.  Again, this data assumes that every month is 30 days.  31 day months will change the numbers somewhat, but this graph is really meant to provide you with a general idea of what you are looking at in terms of bandwidth caps.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/91161/guide-bandwidth-caps-what-speed-are-you-really-getting/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Hollywood Wins Court Case &#8211; ISP Ordered to Block NewzBin2</title>
		<link>http://www.zeropaid.com/news/94792/hollywood-wins-court-case-isp-ordered-to-block-newzbin2/</link>
		<comments>http://www.zeropaid.com/news/94792/hollywood-wins-court-case-isp-ordered-to-block-newzbin2/#comments</comments>
		<pubDate>Thu, 28 Jul 2011 22:47:29 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[censorship]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[downloading]]></category>
		<category><![CDATA[filesharing]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[mpaa]]></category>
		<category><![CDATA[newzbin2]]></category>
		<category><![CDATA[p2p]]></category>
		<category><![CDATA[piracy]]></category>
		<category><![CDATA[uk]]></category>
		<category><![CDATA[usenet]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94792</guid>
		<description><![CDATA[<p><img width="200" height="174" src="http://www.zeropaid.com/wp-content/uploads/2011/03/censored-200x174.png" class="attachment-post-thumbnail wp-post-image" alt="censored" title="censored" /></p><h3>While major entertainment corporations are working hard at censoring the internet in the United States through the PROTECT IP Act, it corporate sponsored censorship has already become a reality in the UK thanks to what some have referred to as a landmark court case.</h3>

Legally speaking, the internet got a little more censored recently.  The Telegraph is <a href=http://www.telegraph.co.uk/technology/news/8667438/Hollywood-studios-win-landmark-website-blocking-order.html target=_blank>reporting</a> that Hollywood has won a major court case in which they are now, for now, able to compel ISPs to block access to, really, any website they pick and choose in the name of combating copyright infringement.  At stake was general access to a website known as NewzBin2.

NewzBin2 is a website that offers an index of NZB files.  NZB indexing sites are generally simply a list of small files that are merely metadata.  The NZB files points to a file made available on one of the oldest known file-sharing networks that is still used quite a lot - UseNet.  The file is a bit like a .torrent file, only the file is on a server - or maybe several servers - instead of on other people's computers.  The actual downloading typically doesn't happen on the NZB indexing site nor is the NZB indexing site keeping track of any data flowing to and from the user.

An NZB file may be convenient, but it simply isn't necessary for downloading anything on UseNet (access to UseNet providers, sure, but not the NZB file)

So, knowing this, the only thing the court ruling really does is enable Hollywood to censor the internet in the UK.  Blocking NewzBin2 will amount to nothing in the end except maybe a temporary minor inconvenience for some people.  Many already point to the fact that an encrypted connection will circumvent whatever the ISP throws down against its own users - and if you're using UseNet regularly, there's a good chance you'd know about how to hide your connection from ISP level censorship anyway, I think.

What is a little disconcerting is what the judge said in his ruling.  From the report:

<blockquote>“In my judgment it follows that BT has actual knowledge of other persons using its service to infringe copyright: it knows that the users and operators of Newbin2 infringe copyright on a large scale, and in particular infringe the copyrights of the Studios in large numbers of their films and television programmes," said Justice Arnold.

In opposing the order, BT had argued that Newzbin2 also links to lawful content, but the court said it was far outweighed by pirated material and that "BT’s best shot was to point to a reference to the 1891 Lancashire census". </blockquote>

If the judge is suggesting that ISPs know what everyone on their network is doing, then isn't that like saying that the operators of a major subway network know exactly where everyone in the network is going?  Sure, whoever is controlling the network might be able to track a handful of individuals, but trying to track every person is way too demanding as the amount of man hours to make sure it knows the movements of every user is simply impractical.

Even scarier is the suggestion that lawful content is no excuse to stop the blocking of a website.  It's very difficult to really know where to begin with that.  How much content has to be infringing in order for the website to be blocked?  Will it have to be more than 50% infringing content?  25% infringing content?  One song that happens to have three notes that are similar to another song?  Where's the bar set here?  That point is not reflected in the report and if the judgement doesn't specify what the level is, it's not completely illogical to suggest that Hollywood can really block every website in existence.  How many websites have at least a reference to copyrighted material (i.e. a message on a forum saying "Listening to Kiss right now.")?

The amusing part is the fact that the censorship of NewzBin2 will be put in place in the Fall.  No doubt this will give NewzBin2 plenty of time to figure out how to bi-pass this measure for it's UK users.  Even better is the fact that this only affects BT currently and similar motions will be brought to other ISPs.  I don't see how NewzBin2 simply changing it's website to another name for its British users won't defeat this in any way.  Call the site "Fuzzybunniesjumpinginthefield.com" and allow access to the NewzBin2 services.  If you plan on finding ways to circumvent British censorship in order to download the entire Adbobe Suites in the future, you only have until the end of the Summer holidays to figure it out!

In the end, this will do little more than damage the internet infrastructure as more methods to circumvent censorship measures will be developed.  Activities like this will probably have an affect on users wanting to use the internet for legitimate purposes, but it's unlikely that this will even come close to putting a dent on file-sharing.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="174" src="http://www.zeropaid.com/wp-content/uploads/2011/03/censored-200x174.png" class="attachment-post-thumbnail wp-post-image" alt="censored" title="censored" /></p><h3>While major entertainment corporations are working hard at censoring the internet in the United States through the PROTECT IP Act, it corporate sponsored censorship has already become a reality in the UK thanks to what some have referred to as a landmark court case.</h3>

Legally speaking, the internet got a little more censored recently.  The Telegraph is <a href=http://www.telegraph.co.uk/technology/news/8667438/Hollywood-studios-win-landmark-website-blocking-order.html target=_blank>reporting</a> that Hollywood has won a major court case in which they are now, for now, able to compel ISPs to block access to, really, any website they pick and choose in the name of combating copyright infringement.  At stake was general access to a website known as NewzBin2.

NewzBin2 is a website that offers an index of NZB files.  NZB indexing sites are generally simply a list of small files that are merely metadata.  The NZB files points to a file made available on one of the oldest known file-sharing networks that is still used quite a lot - UseNet.  The file is a bit like a .torrent file, only the file is on a server - or maybe several servers - instead of on other people's computers.  The actual downloading typically doesn't happen on the NZB indexing site nor is the NZB indexing site keeping track of any data flowing to and from the user.

An NZB file may be convenient, but it simply isn't necessary for downloading anything on UseNet (access to UseNet providers, sure, but not the NZB file)

So, knowing this, the only thing the court ruling really does is enable Hollywood to censor the internet in the UK.  Blocking NewzBin2 will amount to nothing in the end except maybe a temporary minor inconvenience for some people.  Many already point to the fact that an encrypted connection will circumvent whatever the ISP throws down against its own users - and if you're using UseNet regularly, there's a good chance you'd know about how to hide your connection from ISP level censorship anyway, I think.

What is a little disconcerting is what the judge said in his ruling.  From the report:

<blockquote>“In my judgment it follows that BT has actual knowledge of other persons using its service to infringe copyright: it knows that the users and operators of Newbin2 infringe copyright on a large scale, and in particular infringe the copyrights of the Studios in large numbers of their films and television programmes," said Justice Arnold.

In opposing the order, BT had argued that Newzbin2 also links to lawful content, but the court said it was far outweighed by pirated material and that "BT’s best shot was to point to a reference to the 1891 Lancashire census". </blockquote>

If the judge is suggesting that ISPs know what everyone on their network is doing, then isn't that like saying that the operators of a major subway network know exactly where everyone in the network is going?  Sure, whoever is controlling the network might be able to track a handful of individuals, but trying to track every person is way too demanding as the amount of man hours to make sure it knows the movements of every user is simply impractical.

Even scarier is the suggestion that lawful content is no excuse to stop the blocking of a website.  It's very difficult to really know where to begin with that.  How much content has to be infringing in order for the website to be blocked?  Will it have to be more than 50% infringing content?  25% infringing content?  One song that happens to have three notes that are similar to another song?  Where's the bar set here?  That point is not reflected in the report and if the judgement doesn't specify what the level is, it's not completely illogical to suggest that Hollywood can really block every website in existence.  How many websites have at least a reference to copyrighted material (i.e. a message on a forum saying "Listening to Kiss right now.")?

The amusing part is the fact that the censorship of NewzBin2 will be put in place in the Fall.  No doubt this will give NewzBin2 plenty of time to figure out how to bi-pass this measure for it's UK users.  Even better is the fact that this only affects BT currently and similar motions will be brought to other ISPs.  I don't see how NewzBin2 simply changing it's website to another name for its British users won't defeat this in any way.  Call the site "Fuzzybunniesjumpinginthefield.com" and allow access to the NewzBin2 services.  If you plan on finding ways to circumvent British censorship in order to download the entire Adbobe Suites in the future, you only have until the end of the Summer holidays to figure it out!

In the end, this will do little more than damage the internet infrastructure as more methods to circumvent censorship measures will be developed.  Activities like this will probably have an affect on users wanting to use the internet for legitimate purposes, but it's unlikely that this will even come close to putting a dent on file-sharing.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/94792/hollywood-wins-court-case-isp-ordered-to-block-newzbin2/feed/</wfw:commentRss>
		<slash:comments>7</slash:comments>
		</item>
		<item>
		<title>NZ &#8211; AFACT Demanding That ISPs Should Pay for Enforcing Three Strikes Law</title>
		<link>http://www.zeropaid.com/news/94281/nz-afact-demanding-that-isps-should-pay-for-enforcing-three-strikes-law/</link>
		<comments>http://www.zeropaid.com/news/94281/nz-afact-demanding-that-isps-should-pay-for-enforcing-three-strikes-law/#comments</comments>
		<pubDate>Wed, 13 Jul 2011 17:47:31 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[6 strike agreement]]></category>
		<category><![CDATA[6 strike law]]></category>
		<category><![CDATA[afact]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[france]]></category>
		<category><![CDATA[infringement]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[new zealand]]></category>
		<category><![CDATA[three strikes law]]></category>
		<category><![CDATA[us]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94281</guid>
		<description><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/05/new-zealand-flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="new-zealand-flag_crop" title="new-zealand-flag_crop" /></p><h3>New Zealand is one of the countries that have the oppressive three strikes law.  It hasn't taken effect yet, but AFACT, a local copyright lobby, is demanding that ISPs pay for all of the enforcement costs.</h3>

There was an interesting development that occurred in New Zealand recently.  If you remember, New Zealand was one country that was considering a three strikes law.  The the law was financed and written by <a href=http://www.zeropaid.com/news/93326/new-zealands-three-strikes-law-was-pushed-bought-and-paid-for-by-the-us-wikileaks/ target=_blank>American corporate interests</a>.  Unsurprisingly, the idea that corporations from another country are writing your laws became a political fumble for some politicians in the country.  The revelation, which was brought to light by Wikileaks diplomatic cables, <a href=http://www.zeropaid.com/news/93336/new-zealand-green-party-why-is-hollywood-writing-our-copyright-law/ target=_blank>sparked outrage by members of the political opposition - the Green Party to be more precise</a>.

Regardless of the political questions a law that was financed, pushed and passed mainly because of foreign interests, the legislation was, in fact, passed in spite of major opposition and protests.

There was a particularly notable thing that happened recently.  ZDNet is <a href=http://www.zdnet.com.au/isps-should-pay-copyright-costs-afact-339318463.htm target=_blank>reporting</a> that questions are being raised over who pays for the enforcement.  AFACT, an organization that no doubt pushed for this law, is saying that the costs should be put to ISPs, and not rights holders.  From the report:

<blockquote>"AFACT notes the New Zealand Government's approach of a rights holder fee per notice, which is out of step with the more common and preferred practice in other jurisdictions where right holders and ISPs bear their own respective costs," AFACT said in a statement.

"For example, we note that in last week's voluntary agreement in the United States between the movie and music industry and the country's largest ISPs that each party agreed to bear their own costs."

AFACT has recently been trying to get Australian ISPs to act on their users who are allegedly infringing copyright, recently sending a letter to providers saying that they should act, or expect action. Although it lost its appeal in the Federal Court where it tried to show that iiNet had authorised its users to infringe copyright, lawyers have said that the judgement provides a legal avenue for the federation to have providers aid rights holders in policing copyright infringement.</blockquote>

This is interesting for two reasons.

<strong>The US Connection</strong>

The first reason is the fact that AFACT is latching on to what is going on in the United States - that is, the <a href=http://www.zeropaid.com/news/94265/assessing-americas-6-strike-regime/ target=_blank>6 strike agreement</a>.  It's really an absurd position to say that ISPs should bear the costs because of what is going on in the United Stats, then go on to say that New Zealand is out of step with international practices.  If New Zealand was out of step because of this, then AFACT should expect to have total disconnection completely removed from the process.  New Zealand is out of step because they disconnect users.

Moreover, if one want's to look at the US case on whether or not ISPs bear all of the costs, then one might like to look at the Hurt Locker Case.  When ISPs were inundated with copyright complaints, American ISP Time Warner Cable <a href=http://reporter.blogs.com/thresq/2010/05/time-warner-asks-court-for-some-relief-in-cases-targeting-tens-of-thousands-of-pirates.html target=_blank>resisted</a>.  The relevant section is here:

<blockquote>TWC and the U.S. Copyright Group came into an agreement a few months ago to limit requests to 28 per month in exchange for limiting the cost per IP address requested to $32.50. But since then, TWC has been served with more subpoenas, which TWC says was a breach of its agreement. Now, TWC wants to limit its exposure and make the plaintiffs pay the full cost in advance.</blockquote>

It's relevant when you compare the cost <a href=http://arstechnica.com/tech-policy/news/2010/05/time-warner-cable-tries-to-put-brakes-on-massive-piracy-case.ars target=_blank>to the Ars Technica report on the case</a> which makes the following comment on the case:

<blockquote>The company says that it has the capacity to handle 28 subpoenas from the US Copyright Group per month. Instead, TWC was hit with a request for 809 names within 30 days. In addition, the company has received two other subpoenas, both from the same law firm, asking for another 398 and 224 IP address lookups. Each lookup costs TWC $45.</blockquote>

So, in other words, the normal cost is higher than an agreed upon cost - insinuating that rights holders, in fact, bore some of the costs.  So, if AFACT is suggesting that the common practice when it comes to ISP lookups is that ISPs always bear all of the costs in question, this insinuation is wrong.  It is not unprecedented for others to at least bear some of the costs of lookups - others being entities outside of the ISPs in question.  In fact, one can look at the Hurt Locker case and say that if ISPs are dealing with an increase in IP lookups, that rights holders now bear the responsibility of shouldering some of the costs of enforcement.  In fact, if New Zealand wanted to have a regime more in line with the US, the first logical step is to completely scrap the three strikes law entirely - after all, the 6 strike agreement in the US isn't actually a law in the books in the first place.

I would argue that it is unfair to force ISPs to get an increase in the number of lookups by, say, 100-fold, and then expect them to eat all of the costs as a result.  At that point, ISPs more or less become a service to these rights holders and since it deals with a business to business service, I find it shocking that one business is expecting free, no strings attached services from another.

<strong>The French Connection</strong>

The other interesting way to look at this move is that this seems to follow along what France deals with.  This is good news, in a way, for the people of New Zealand because they can actually look at another case to get a good idea of what is likely going to happen.

France passed a three strikes law and costs was a major controversy in France with regards to this law.  In September of last year, after HADOPI passed, questions were being raised over who was going to shoulder the costs of enforcing copyright infringement.  It came down to a <a href=http://www.zeropaid.com/news/90536/french-isps-and-french-government-locking-horns-over-hadopi-costs/ target=_blank>battle between the government and the ISPs</a> who rightfully noted that this increase in cost of doing business was simply unfair.  Not only that, but this cost was government mandated - hence the idea of hiding behind constitutional jurisprudence at the time.

Ultimately speaking, the government won out on this and forced ISPs to pay for the look-ups.  It was at that point that the costs went straight to the consumer.  <a href=http://www.zeropaid.com/news/91800/hadopi-blamed-for-isp-rate-hikes-in-france/ target=_blank>ISP rate hikes ensued</a>.

In retrospect, you have this absurd thing happen where consumers are paying for an industry's failed business model.  It's pretty much the equivalent to demanding that all cars being sold have a levy weighed on them.  That levy would then go to subsidize the horse-drawn carriage industry because the horse drawn carriage industry isn't making the profits they once did when horse drawn carriages where the main form of transportation.  It's a bit like that kind of absurdity we saw in France.

It is not to say that the events will unfold in New Zealand the same way they did in France, but disturbingly, they are so far.

If consumers hope to not have a rate hike in ISP rates in New Zealand, then they might want to find ways to make sure rights holders pay for the services they are demanding.  Clearly, they are demanding that others work for free for them.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/05/new-zealand-flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="new-zealand-flag_crop" title="new-zealand-flag_crop" /></p><h3>New Zealand is one of the countries that have the oppressive three strikes law.  It hasn't taken effect yet, but AFACT, a local copyright lobby, is demanding that ISPs pay for all of the enforcement costs.</h3>

There was an interesting development that occurred in New Zealand recently.  If you remember, New Zealand was one country that was considering a three strikes law.  The the law was financed and written by <a href=http://www.zeropaid.com/news/93326/new-zealands-three-strikes-law-was-pushed-bought-and-paid-for-by-the-us-wikileaks/ target=_blank>American corporate interests</a>.  Unsurprisingly, the idea that corporations from another country are writing your laws became a political fumble for some politicians in the country.  The revelation, which was brought to light by Wikileaks diplomatic cables, <a href=http://www.zeropaid.com/news/93336/new-zealand-green-party-why-is-hollywood-writing-our-copyright-law/ target=_blank>sparked outrage by members of the political opposition - the Green Party to be more precise</a>.

Regardless of the political questions a law that was financed, pushed and passed mainly because of foreign interests, the legislation was, in fact, passed in spite of major opposition and protests.

There was a particularly notable thing that happened recently.  ZDNet is <a href=http://www.zdnet.com.au/isps-should-pay-copyright-costs-afact-339318463.htm target=_blank>reporting</a> that questions are being raised over who pays for the enforcement.  AFACT, an organization that no doubt pushed for this law, is saying that the costs should be put to ISPs, and not rights holders.  From the report:

<blockquote>"AFACT notes the New Zealand Government's approach of a rights holder fee per notice, which is out of step with the more common and preferred practice in other jurisdictions where right holders and ISPs bear their own respective costs," AFACT said in a statement.

"For example, we note that in last week's voluntary agreement in the United States between the movie and music industry and the country's largest ISPs that each party agreed to bear their own costs."

AFACT has recently been trying to get Australian ISPs to act on their users who are allegedly infringing copyright, recently sending a letter to providers saying that they should act, or expect action. Although it lost its appeal in the Federal Court where it tried to show that iiNet had authorised its users to infringe copyright, lawyers have said that the judgement provides a legal avenue for the federation to have providers aid rights holders in policing copyright infringement.</blockquote>

This is interesting for two reasons.

<strong>The US Connection</strong>

The first reason is the fact that AFACT is latching on to what is going on in the United States - that is, the <a href=http://www.zeropaid.com/news/94265/assessing-americas-6-strike-regime/ target=_blank>6 strike agreement</a>.  It's really an absurd position to say that ISPs should bear the costs because of what is going on in the United Stats, then go on to say that New Zealand is out of step with international practices.  If New Zealand was out of step because of this, then AFACT should expect to have total disconnection completely removed from the process.  New Zealand is out of step because they disconnect users.

Moreover, if one want's to look at the US case on whether or not ISPs bear all of the costs, then one might like to look at the Hurt Locker Case.  When ISPs were inundated with copyright complaints, American ISP Time Warner Cable <a href=http://reporter.blogs.com/thresq/2010/05/time-warner-asks-court-for-some-relief-in-cases-targeting-tens-of-thousands-of-pirates.html target=_blank>resisted</a>.  The relevant section is here:

<blockquote>TWC and the U.S. Copyright Group came into an agreement a few months ago to limit requests to 28 per month in exchange for limiting the cost per IP address requested to $32.50. But since then, TWC has been served with more subpoenas, which TWC says was a breach of its agreement. Now, TWC wants to limit its exposure and make the plaintiffs pay the full cost in advance.</blockquote>

It's relevant when you compare the cost <a href=http://arstechnica.com/tech-policy/news/2010/05/time-warner-cable-tries-to-put-brakes-on-massive-piracy-case.ars target=_blank>to the Ars Technica report on the case</a> which makes the following comment on the case:

<blockquote>The company says that it has the capacity to handle 28 subpoenas from the US Copyright Group per month. Instead, TWC was hit with a request for 809 names within 30 days. In addition, the company has received two other subpoenas, both from the same law firm, asking for another 398 and 224 IP address lookups. Each lookup costs TWC $45.</blockquote>

So, in other words, the normal cost is higher than an agreed upon cost - insinuating that rights holders, in fact, bore some of the costs.  So, if AFACT is suggesting that the common practice when it comes to ISP lookups is that ISPs always bear all of the costs in question, this insinuation is wrong.  It is not unprecedented for others to at least bear some of the costs of lookups - others being entities outside of the ISPs in question.  In fact, one can look at the Hurt Locker case and say that if ISPs are dealing with an increase in IP lookups, that rights holders now bear the responsibility of shouldering some of the costs of enforcement.  In fact, if New Zealand wanted to have a regime more in line with the US, the first logical step is to completely scrap the three strikes law entirely - after all, the 6 strike agreement in the US isn't actually a law in the books in the first place.

I would argue that it is unfair to force ISPs to get an increase in the number of lookups by, say, 100-fold, and then expect them to eat all of the costs as a result.  At that point, ISPs more or less become a service to these rights holders and since it deals with a business to business service, I find it shocking that one business is expecting free, no strings attached services from another.

<strong>The French Connection</strong>

The other interesting way to look at this move is that this seems to follow along what France deals with.  This is good news, in a way, for the people of New Zealand because they can actually look at another case to get a good idea of what is likely going to happen.

France passed a three strikes law and costs was a major controversy in France with regards to this law.  In September of last year, after HADOPI passed, questions were being raised over who was going to shoulder the costs of enforcing copyright infringement.  It came down to a <a href=http://www.zeropaid.com/news/90536/french-isps-and-french-government-locking-horns-over-hadopi-costs/ target=_blank>battle between the government and the ISPs</a> who rightfully noted that this increase in cost of doing business was simply unfair.  Not only that, but this cost was government mandated - hence the idea of hiding behind constitutional jurisprudence at the time.

Ultimately speaking, the government won out on this and forced ISPs to pay for the look-ups.  It was at that point that the costs went straight to the consumer.  <a href=http://www.zeropaid.com/news/91800/hadopi-blamed-for-isp-rate-hikes-in-france/ target=_blank>ISP rate hikes ensued</a>.

In retrospect, you have this absurd thing happen where consumers are paying for an industry's failed business model.  It's pretty much the equivalent to demanding that all cars being sold have a levy weighed on them.  That levy would then go to subsidize the horse-drawn carriage industry because the horse drawn carriage industry isn't making the profits they once did when horse drawn carriages where the main form of transportation.  It's a bit like that kind of absurdity we saw in France.

It is not to say that the events will unfold in New Zealand the same way they did in France, but disturbingly, they are so far.

If consumers hope to not have a rate hike in ISP rates in New Zealand, then they might want to find ways to make sure rights holders pay for the services they are demanding.  Clearly, they are demanding that others work for free for them.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/94281/nz-afact-demanding-that-isps-should-pay-for-enforcing-three-strikes-law/feed/</wfw:commentRss>
		<slash:comments>2</slash:comments>
		</item>
		<item>
		<title>Canada&#8217;s Usage Based Billing Hearings Kicks Off</title>
		<link>http://www.zeropaid.com/news/94269/canadas-usage-based-billing-hearings-kicks-off/</link>
		<comments>http://www.zeropaid.com/news/94269/canadas-usage-based-billing-hearings-kicks-off/#comments</comments>
		<pubDate>Tue, 12 Jul 2011 15:41:34 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[bandwidth]]></category>
		<category><![CDATA[bell canada]]></category>
		<category><![CDATA[canada]]></category>
		<category><![CDATA[congestion]]></category>
		<category><![CDATA[CRTC]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[isps]]></category>
		<category><![CDATA[network neutrality]]></category>
		<category><![CDATA[series of tubes]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94269</guid>
		<description><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/05/canada-flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="canada-flag_crop" title="canada-flag_crop" /></p><h3>In a way, it's surprising that Canada is still talking about Usage Based Billing.  Yet, here we are today with the CRTC (Canada's regulator for industries like this) holding hearings on ISPs pushing to make sure Usage Based Billing is permitted in the marketplace.</h3>

Usage Based Billing, as far as Canadians are concerned, is effectively a method to make consumers pay twice for the same service.  First, there's the connection fee which everyone is all too familiar with.  Then, what is being proposed, is that consumers pay again based on how much traffic they generate.  In short, it's ISPs trying to double dip while taking advantage of the fact that competition is pretty much non-existent in Canada given that there really is only three main ISPs available.

The debate itself over whether or not ISPs should be allowed to put this in place has been around a long time in Canada.  In fact, there was a surge in interest for network neutrality clear back in 2008 when Bell Canada wanted to throttle Canadian internet connection speeds.  Canadian ISPs were borrowing a lot from the debate in the US at the time which included the most famous myths - the data "exaflood"

This term was used to describe how data use would exponentially increase because more and more users were using sites like YouTube.  Record labels even jumped in to say that it's almost exclusively piracy that is causing this congestion.  In their theory, the flood of internet use would tie up the internet and cause traffic to slow to a grinding halt, destroying the internet forever should nothing happen to stop it.  Heroically, ISPs would come to the rescue and ask for simple permission to throttle all these so-called "bandwidth hogs" and save the internet from complete destruction.  Unfortunately, for ISPs, that was about the peak of the credibility of their arguments.

Canadians were very familiar with the debate going on in the US and how supporters of ISPs were going about selling their message.  There were two very famous examples that really led to further doubt of the ISPs position of this exaflood of traffic.  The first was the ever famous speech by Ted Stevens talking about how the internet is a "series of tubes" which can be found on YouTube:

<iframe width="425" height="349" src="http://www.youtube.com/embed/f99PcP0aFNE" frameborder="0" allowfullscreen></iframe>

Suffice to say, the description did nothing to further the case that traffic needs to be throttled to deal with the impending "exaflood"

In addition to the speech, there was also a well-known video floating around at the time.  It was apparently a TV advertisement that said how bad network neutrality was.  The argument was that anything people said to support network neutrality was just "mumbo jumbo"  The ad probably did little more than point to the extreme absurdities the debate climbed to - particularly for the anti-net neutrality position.

<iframe width="425" height="349" src="http://www.youtube.com/embed/oPIYxtjLFeI" frameborder="0" allowfullscreen></iframe>

Suffice to say, it did prompt many Canadians to ask interesting questions for Canadian ISPs like, if there was going to be an impending exaflood of data, and ISPs are unable to cope, then why not invest more in infrastructure to handle such an amount?  Canadian ISPs simply had no real answer to this.  This prompted farm more skepticism towards the so-called plight of Canadian ISPs, so the ISPs simply focused on trying to convince regulators to go along with their plan anyway.

At some point, the CRTC requested the data to back up the suggestion that networks were, in fact, congested.  Really, it was a simple request, and, if ISPs were telling the truth this whole time, then there wouldn't really be a problem sharing this data in the first place.  Naturally, ISPs were very hesitant, trying to throw every rule in the book at the CRTC to avoid revealing such data.  While there was citations of competition reasons, the real reasons were to be revealed - that the crises was, in fact, a manufactured one.

We here at ZeroPaid, were also more than just a little interested in what was revealed.  What was revealed was <a href=http://www.zeropaid.com/news/9415/bell_canada__we_are_overloaded_33_capacity_peak_is_overloaded/ target=_blank>that ISPs were not really that congested after all</a>.  In fact, Bell Canada revealed at the time that they were at a mere 33% capacity at peak hours.  To put it briefly, everything blew up in their faces.  Two months later, Bell Canada was still trying to salvage the situation on the PR font by insisting that <a hre=http://www.zeropaid.com/news/9592/bell_canada__no_really_we_are_overloaded_8_congested_in_2_cases/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:zeropaidZeropaidFileSharingP2PNews target=_blank>8% congestion in two cases were sufficient data to point to a crises</a>, but few really bought in to the argument at that stage.  The whole network congestion argument simply unraveled from there.  While throttling happened anyway in Canada, the greatest weapon to push for ending net neutrality became a dud.

<strong>Today</strong>

Now, here we are, three years later and a network neutrality issue is before Canadians.  It almost seems strange in a way that Canada is still having this discussion.  The reason why it might seem strange is because the Canadian government decided back in February that the CRTC was wrong in allowing metered bandwidth.  Ultimately, the government <a href=http://www.zeropaid.com/news/92466/canadian-govt-to-reverse-crtcs-usage-based-billing-ruling/ target=_blank>reversed the CRTC decision and blocked metered bandwidth</a>.  So, even though the government made a decision, the CRTC did go ahead on holding hearings on this issue.

Michael Geist is following the hearings and has <a href=http://www.michaelgeist.ca/content/view/5925/125/ target=_blank>made notes on what was discussed</a>.  At issue was the reason why exactly was metered bandwidth even needed in the first place.  It seems that it's not a question of congestion, but rather, competition.  Geist noted that once questioning began, the link between congestion and usage based billing unraveled:

<blockquote>CRTC Chair Konrad von Finckenstein asked why - if Bell was facing network congestion - sister company Bell Aliant has not implemented UBB. Bell argued that Bell Aliant "supported" UBB, but acknowledged that competitive forces and marketplace conditions in Atlantic Canada were such that UBB is currently not needed. Of course, von Finckenstein didn't need to look at Bell Aliant as his example - Bell itself employs different caps in Ontario and Quebec given the different competition from Videotron and Rogers. Their approach isn't a function of congestion, but rather competition. In fact, when Bell was asked whether it planned to keep data caps for its retail customers, it responded that it did, subject to "competitive dynamics." The effects of competition was further confirmed when Telus appeared as it noted that it doesn't use UBB, it isn't a pressing issue, and that competition with Shaw has led to far more generous plans than those found in other parts of the country.

Discussion on the lack of a link between congestion and UBB continued as Commissioners Molnar and Denton asked why Bell was promoting a plan that involves aggregate usage rather than peak usage. Molnar noted that aggregate usage is not linked to congestion and that it appeared to simply create incentives to reduce Internet use more generally. Bell agreed, leaving Molnar to respond that this was a problem since it reduced Internet use with no benefit to addressing congestion. Denton continued on the same theme, asking why the CRTC would want to try to reduce Internet use other than in an effort to address congestion.

Add Bell's acknowledgement that its pricing is not a function of actual costs but rather the market and the conclusion is that all elements of UBB - use of caps, pricing, and size of caps - are a function of the regional marketplace dynamics, not congestion concerns. Moreover, the Commissioners seemed to understand why this issue is so troubling, with Molnar emphasizing the dangers of a policy that discourages Internet use and Denton linking UBB to cloud computing and the fears that caps would harm that emerging industry.</blockquote>

There is the question about where small ISPs stand in all of this.  It appears that they are very much against this.  The Toronto Star <a href=http://www.thestar.com/business/article/1022979--telecom-regulator-begins-hearings-on-internet-usage-based-billing target=_blank>reported</a> that the smaller ISPs feel that this push for usage based billing is little more than attempt to drive the competition out of business:

<blockquote>The smaller ISPs have argued they would be driven out of business if they have to use the same pricing model employed by the large players, who charge extra if the retail customers exceed monthly usage limits.

CRTC chairman Konrad von Finckenstein told the hearing Monday that the commission is only looking at the wholesale prices that independent Internet providers pay for network use and not retail rates that are charged to their consumers.

Bell withdrew its usage-based billing tariff earlier this year and is proposing wholesale pricing for ISPs that reflects a flat-rate access fee on speed and charges 29 cents per gigabyte for any extra gigabytes needed to accommodate overall usage in a month.

Bell also said that its recently launched Internet-Protocol television service doesn’t contribute to its network congestion because it operates over a separate network.</blockquote>

Personally, I think the best part in all of this is that somehow, the services by the large ISPs being sold to consumers in no way shape or form contribute to network congestion, but somehow, these smaller ISPs do.  This would most certainly support the idea that usage based billing is merely a competition maneuver, and not really a solution for any alleged congestion.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/05/canada-flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="canada-flag_crop" title="canada-flag_crop" /></p><h3>In a way, it's surprising that Canada is still talking about Usage Based Billing.  Yet, here we are today with the CRTC (Canada's regulator for industries like this) holding hearings on ISPs pushing to make sure Usage Based Billing is permitted in the marketplace.</h3>

Usage Based Billing, as far as Canadians are concerned, is effectively a method to make consumers pay twice for the same service.  First, there's the connection fee which everyone is all too familiar with.  Then, what is being proposed, is that consumers pay again based on how much traffic they generate.  In short, it's ISPs trying to double dip while taking advantage of the fact that competition is pretty much non-existent in Canada given that there really is only three main ISPs available.

The debate itself over whether or not ISPs should be allowed to put this in place has been around a long time in Canada.  In fact, there was a surge in interest for network neutrality clear back in 2008 when Bell Canada wanted to throttle Canadian internet connection speeds.  Canadian ISPs were borrowing a lot from the debate in the US at the time which included the most famous myths - the data "exaflood"

This term was used to describe how data use would exponentially increase because more and more users were using sites like YouTube.  Record labels even jumped in to say that it's almost exclusively piracy that is causing this congestion.  In their theory, the flood of internet use would tie up the internet and cause traffic to slow to a grinding halt, destroying the internet forever should nothing happen to stop it.  Heroically, ISPs would come to the rescue and ask for simple permission to throttle all these so-called "bandwidth hogs" and save the internet from complete destruction.  Unfortunately, for ISPs, that was about the peak of the credibility of their arguments.

Canadians were very familiar with the debate going on in the US and how supporters of ISPs were going about selling their message.  There were two very famous examples that really led to further doubt of the ISPs position of this exaflood of traffic.  The first was the ever famous speech by Ted Stevens talking about how the internet is a "series of tubes" which can be found on YouTube:

<iframe width="425" height="349" src="http://www.youtube.com/embed/f99PcP0aFNE" frameborder="0" allowfullscreen></iframe>

Suffice to say, the description did nothing to further the case that traffic needs to be throttled to deal with the impending "exaflood"

In addition to the speech, there was also a well-known video floating around at the time.  It was apparently a TV advertisement that said how bad network neutrality was.  The argument was that anything people said to support network neutrality was just "mumbo jumbo"  The ad probably did little more than point to the extreme absurdities the debate climbed to - particularly for the anti-net neutrality position.

<iframe width="425" height="349" src="http://www.youtube.com/embed/oPIYxtjLFeI" frameborder="0" allowfullscreen></iframe>

Suffice to say, it did prompt many Canadians to ask interesting questions for Canadian ISPs like, if there was going to be an impending exaflood of data, and ISPs are unable to cope, then why not invest more in infrastructure to handle such an amount?  Canadian ISPs simply had no real answer to this.  This prompted farm more skepticism towards the so-called plight of Canadian ISPs, so the ISPs simply focused on trying to convince regulators to go along with their plan anyway.

At some point, the CRTC requested the data to back up the suggestion that networks were, in fact, congested.  Really, it was a simple request, and, if ISPs were telling the truth this whole time, then there wouldn't really be a problem sharing this data in the first place.  Naturally, ISPs were very hesitant, trying to throw every rule in the book at the CRTC to avoid revealing such data.  While there was citations of competition reasons, the real reasons were to be revealed - that the crises was, in fact, a manufactured one.

We here at ZeroPaid, were also more than just a little interested in what was revealed.  What was revealed was <a href=http://www.zeropaid.com/news/9415/bell_canada__we_are_overloaded_33_capacity_peak_is_overloaded/ target=_blank>that ISPs were not really that congested after all</a>.  In fact, Bell Canada revealed at the time that they were at a mere 33% capacity at peak hours.  To put it briefly, everything blew up in their faces.  Two months later, Bell Canada was still trying to salvage the situation on the PR font by insisting that <a hre=http://www.zeropaid.com/news/9592/bell_canada__no_really_we_are_overloaded_8_congested_in_2_cases/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:zeropaidZeropaidFileSharingP2PNews target=_blank>8% congestion in two cases were sufficient data to point to a crises</a>, but few really bought in to the argument at that stage.  The whole network congestion argument simply unraveled from there.  While throttling happened anyway in Canada, the greatest weapon to push for ending net neutrality became a dud.

<strong>Today</strong>

Now, here we are, three years later and a network neutrality issue is before Canadians.  It almost seems strange in a way that Canada is still having this discussion.  The reason why it might seem strange is because the Canadian government decided back in February that the CRTC was wrong in allowing metered bandwidth.  Ultimately, the government <a href=http://www.zeropaid.com/news/92466/canadian-govt-to-reverse-crtcs-usage-based-billing-ruling/ target=_blank>reversed the CRTC decision and blocked metered bandwidth</a>.  So, even though the government made a decision, the CRTC did go ahead on holding hearings on this issue.

Michael Geist is following the hearings and has <a href=http://www.michaelgeist.ca/content/view/5925/125/ target=_blank>made notes on what was discussed</a>.  At issue was the reason why exactly was metered bandwidth even needed in the first place.  It seems that it's not a question of congestion, but rather, competition.  Geist noted that once questioning began, the link between congestion and usage based billing unraveled:

<blockquote>CRTC Chair Konrad von Finckenstein asked why - if Bell was facing network congestion - sister company Bell Aliant has not implemented UBB. Bell argued that Bell Aliant "supported" UBB, but acknowledged that competitive forces and marketplace conditions in Atlantic Canada were such that UBB is currently not needed. Of course, von Finckenstein didn't need to look at Bell Aliant as his example - Bell itself employs different caps in Ontario and Quebec given the different competition from Videotron and Rogers. Their approach isn't a function of congestion, but rather competition. In fact, when Bell was asked whether it planned to keep data caps for its retail customers, it responded that it did, subject to "competitive dynamics." The effects of competition was further confirmed when Telus appeared as it noted that it doesn't use UBB, it isn't a pressing issue, and that competition with Shaw has led to far more generous plans than those found in other parts of the country.

Discussion on the lack of a link between congestion and UBB continued as Commissioners Molnar and Denton asked why Bell was promoting a plan that involves aggregate usage rather than peak usage. Molnar noted that aggregate usage is not linked to congestion and that it appeared to simply create incentives to reduce Internet use more generally. Bell agreed, leaving Molnar to respond that this was a problem since it reduced Internet use with no benefit to addressing congestion. Denton continued on the same theme, asking why the CRTC would want to try to reduce Internet use other than in an effort to address congestion.

Add Bell's acknowledgement that its pricing is not a function of actual costs but rather the market and the conclusion is that all elements of UBB - use of caps, pricing, and size of caps - are a function of the regional marketplace dynamics, not congestion concerns. Moreover, the Commissioners seemed to understand why this issue is so troubling, with Molnar emphasizing the dangers of a policy that discourages Internet use and Denton linking UBB to cloud computing and the fears that caps would harm that emerging industry.</blockquote>

There is the question about where small ISPs stand in all of this.  It appears that they are very much against this.  The Toronto Star <a href=http://www.thestar.com/business/article/1022979--telecom-regulator-begins-hearings-on-internet-usage-based-billing target=_blank>reported</a> that the smaller ISPs feel that this push for usage based billing is little more than attempt to drive the competition out of business:

<blockquote>The smaller ISPs have argued they would be driven out of business if they have to use the same pricing model employed by the large players, who charge extra if the retail customers exceed monthly usage limits.

CRTC chairman Konrad von Finckenstein told the hearing Monday that the commission is only looking at the wholesale prices that independent Internet providers pay for network use and not retail rates that are charged to their consumers.

Bell withdrew its usage-based billing tariff earlier this year and is proposing wholesale pricing for ISPs that reflects a flat-rate access fee on speed and charges 29 cents per gigabyte for any extra gigabytes needed to accommodate overall usage in a month.

Bell also said that its recently launched Internet-Protocol television service doesn’t contribute to its network congestion because it operates over a separate network.</blockquote>

Personally, I think the best part in all of this is that somehow, the services by the large ISPs being sold to consumers in no way shape or form contribute to network congestion, but somehow, these smaller ISPs do.  This would most certainly support the idea that usage based billing is merely a competition maneuver, and not really a solution for any alleged congestion.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/94269/canadas-usage-based-billing-hearings-kicks-off/feed/</wfw:commentRss>
		<slash:comments>2</slash:comments>
		</item>
		<item>
		<title>Assessing America&#8217;s &#8217;6 Strike&#8217; Regime</title>
		<link>http://www.zeropaid.com/news/94265/assessing-americas-6-strike-regime/</link>
		<comments>http://www.zeropaid.com/news/94265/assessing-americas-6-strike-regime/#comments</comments>
		<pubDate>Mon, 11 Jul 2011 15:04:26 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[false accusations]]></category>
		<category><![CDATA[filesharing]]></category>
		<category><![CDATA[infringement]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[six strikes]]></category>
		<category><![CDATA[three strikes law]]></category>
		<category><![CDATA[three-strikes]]></category>
		<category><![CDATA[un]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94265</guid>
		<description><![CDATA[<p><img width="200" height="191" src="http://www.zeropaid.com/wp-content/uploads/2011/03/Three_Strikes_umpire-200x191.jpg" class="attachment-post-thumbnail wp-post-image" alt="Three_Strikes_umpire" title="Three_Strikes_umpire" /></p><h3>There's been rumblings for a while for the US to have it's own 3 strike law, but many thought that it wouldn't happen given the implications.  Much to the dismay of many, it appears that ISPs and the entertainment industry in the US have agreed to a 6 strike regime.</h3>

It has happened.  US ISPs <a href=http://www.pcworld.com/article/235261/isps_fight_piracy_meet_the_six_strikes.html target=_blank>have agreed</a> to a "six strike plan".  According to the plan, the first strike would essentially be an e-mail notification which would include tools to secure your Wi-Fi connection.  The second strike would be an additional notification.  The third strike would have a "read receipt" to ensure you got the message.  The fourth strike is another notification with a "read receipt" just like the third strike.  The fifth strike is temporary suspension of your internet connection.  You have to contact your ISP to discuss reconnection and that might include "copyright education".  The final strike, the sixth strike, would be mandatory "mitigation measures" which might be a heavily throttled connection to name one possibility.

Apparently, there's no disconnection, but ISPs must have a disconnection policy in place.  There is an appeals process which has a $35 filing fee.  If the ruling is unsatisfactory, then the ruling must be challenged in a court of law.

In essence, this whole thing completely bypasses government and, more or less, the court system to ensure a guilt upon proven innocent regime.  To my knowledge, serious crimes work under an innocent until proven guilty method.  So, in a way, you get more leniency in parts of the system if you murdered someone.

The EFF has <a href=https://www.eff.org/deeplinks/2011/07/content-industry-and-isps-announce-common target=_blank>posted on the issue as well</a>.  EFF notes that the "copyright education" would most likely be a trip to a site which is filled with big media propaganda.  As an example, <a href=http://www.copyrightinformation.org/node/704 target=_blank>one page</a> repeats several myths perpetuated by the industry like the following:

<blockquote>content theft costs the U.S. economy more than 373,000 jobs, $16 billion in lost earnings, and $3 billion in lost federal, state and local government tax revenue.</blockquote>

Let's get straight to the point.  These claims are unsubstantiated, unreliable, and thoroughly debunked and have been for years.  These numbers are completely made up.  Even if they weren't based on the overwhelmingly dismissed methodology of one download means one lost sale, it's just as flawed.

<strong>Why Such an Agreement is Bad News</strong>

This agreement raises a number of concerns.  One big one is how is it possible to avoid false accusations in the first place?  To take a very concrete example, Ireland has a three strikes system in place.  The system, last month, ran into controversy over false accusations.  An investigation was launched into <a href=http://www.zeropaid.com/news/93791/300-irish-internet-users-wrongfully-receive-first-strike-notices/ target=_blank>how 300 people wrongly received first strike notices</a>.  There was a suggestion that it was caused by, oddly enough, daylight savings time.  This really spoke to the differences on drawing up a plan such as a three strikes plan and implementing it.

Still, how flawed can the methodology be to tie an actual person to an IP address?  One study <a href=http://www.zeropaid.com/news/9535/study_bittorrent_users_prone_to_false_copyright_infringement_claims/ target=_blank>suggested</a> that even a printer can be falsely accused of copyright infringement.  It's not that people in the IT world are incompetent in developing a system to find someone who downloaded a movie, it's more the fact that no system is exactly feasible period given things like proxies, IP address spoofing and a very long list of other methods people can employ to obfuscate their IP address.

Worse than a system that is inevitably fraught with technical problems is the fact that this risks the national security of the United States.  This was revealed by non other than <a href=http://www.zeropaid.com/news/90967/nsa-yelled-at-france-over-three-strikes-legislation/ target=_blank>the NSA when they "yelled" at France for implementing a three strikes law</a>.  Sure, you can say a lot of bad things about the NSA, but they were very correct in being highly concerned over the implications of things like a three strikes law, or, in this case, a six strike agreement.

If something like the US's new 6 strike agreement were to be widely successful with hundreds of thousands of notices being handed out to people, this will prompt resistance.  It's not a matter of if, but when.  There will be increasingly sophisticated methods to hide ones tracks to share files.  There will be a very large number of people who will be very interested in developing such techniques to continue to share files undetected.  This will generate interest from those who have more shady reasons to hide their traffic and they will inevitably ride on the coat-tails of those who have more ideological reasons to develop privacy enforcing technology.  This would only serve to undermine the intelligence communities efforts to monitor those who wish to do harm to the country because it will be harder to monitor communications.  Indirectly speaking, implementing an agreement like this serves to help terrorists.  This would, no doubt, explains a lot about why the government didn't decide to enact a three strikes law in the first place - because they knew it would harm national security.

In addition to all of this is the fact that things like a "three strikes law" is a violation of human rights.  This was revealed by none other than <a href=http://www.zeropaid.com/news/93617/un-report-3-strikes-is-a-violation-of-human-rights/ target=_blank>United Nations Special Rapporteur, Frank La Rue</a> who rightfully points out that there is a good reason to be "alarmed" at countries that choose to disconnect its users in such a manner.  From our report when the paper was released:

<blockquote>“While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely,” it reads. “The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.”</blockquote>

Even though there is plenty of those who would point out that the US's "6 strike agreement" doesn't necessarily force disconnection, there's didn't seem to be much that would not curtail someones right to free speech.  Even throttling would raise concerns that free speech is being hampered.  Last time I checked, freedom of speech <a href=http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution target=_blank>is part of the US constitution as well</a>.

Every inkling of knowledge I personally have of the US and it's laws says that this agreement shouldn't survive in a number of ways, but I also happen to know that capitalism entities tends to be above the law at times.  It's not like every major corporation <a href=http://politics.slashdot.org/story/11/03/28/0131242/US-Competitiveness-Chief-Immelts-GE-Tax-Bill-0 target=_blank>even pay taxes anymore in the US anyway</a> to name one example.  So, I really can't say if this will become the norm or not in the US.  Still, it's a very scary prospect because there will be a very large push by these industries to make other countries implement such laws.  I say the implications of this remains to be seen, but it certainly doesn't look good at this point.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="191" src="http://www.zeropaid.com/wp-content/uploads/2011/03/Three_Strikes_umpire-200x191.jpg" class="attachment-post-thumbnail wp-post-image" alt="Three_Strikes_umpire" title="Three_Strikes_umpire" /></p><h3>There's been rumblings for a while for the US to have it's own 3 strike law, but many thought that it wouldn't happen given the implications.  Much to the dismay of many, it appears that ISPs and the entertainment industry in the US have agreed to a 6 strike regime.</h3>

It has happened.  US ISPs <a href=http://www.pcworld.com/article/235261/isps_fight_piracy_meet_the_six_strikes.html target=_blank>have agreed</a> to a "six strike plan".  According to the plan, the first strike would essentially be an e-mail notification which would include tools to secure your Wi-Fi connection.  The second strike would be an additional notification.  The third strike would have a "read receipt" to ensure you got the message.  The fourth strike is another notification with a "read receipt" just like the third strike.  The fifth strike is temporary suspension of your internet connection.  You have to contact your ISP to discuss reconnection and that might include "copyright education".  The final strike, the sixth strike, would be mandatory "mitigation measures" which might be a heavily throttled connection to name one possibility.

Apparently, there's no disconnection, but ISPs must have a disconnection policy in place.  There is an appeals process which has a $35 filing fee.  If the ruling is unsatisfactory, then the ruling must be challenged in a court of law.

In essence, this whole thing completely bypasses government and, more or less, the court system to ensure a guilt upon proven innocent regime.  To my knowledge, serious crimes work under an innocent until proven guilty method.  So, in a way, you get more leniency in parts of the system if you murdered someone.

The EFF has <a href=https://www.eff.org/deeplinks/2011/07/content-industry-and-isps-announce-common target=_blank>posted on the issue as well</a>.  EFF notes that the "copyright education" would most likely be a trip to a site which is filled with big media propaganda.  As an example, <a href=http://www.copyrightinformation.org/node/704 target=_blank>one page</a> repeats several myths perpetuated by the industry like the following:

<blockquote>content theft costs the U.S. economy more than 373,000 jobs, $16 billion in lost earnings, and $3 billion in lost federal, state and local government tax revenue.</blockquote>

Let's get straight to the point.  These claims are unsubstantiated, unreliable, and thoroughly debunked and have been for years.  These numbers are completely made up.  Even if they weren't based on the overwhelmingly dismissed methodology of one download means one lost sale, it's just as flawed.

<strong>Why Such an Agreement is Bad News</strong>

This agreement raises a number of concerns.  One big one is how is it possible to avoid false accusations in the first place?  To take a very concrete example, Ireland has a three strikes system in place.  The system, last month, ran into controversy over false accusations.  An investigation was launched into <a href=http://www.zeropaid.com/news/93791/300-irish-internet-users-wrongfully-receive-first-strike-notices/ target=_blank>how 300 people wrongly received first strike notices</a>.  There was a suggestion that it was caused by, oddly enough, daylight savings time.  This really spoke to the differences on drawing up a plan such as a three strikes plan and implementing it.

Still, how flawed can the methodology be to tie an actual person to an IP address?  One study <a href=http://www.zeropaid.com/news/9535/study_bittorrent_users_prone_to_false_copyright_infringement_claims/ target=_blank>suggested</a> that even a printer can be falsely accused of copyright infringement.  It's not that people in the IT world are incompetent in developing a system to find someone who downloaded a movie, it's more the fact that no system is exactly feasible period given things like proxies, IP address spoofing and a very long list of other methods people can employ to obfuscate their IP address.

Worse than a system that is inevitably fraught with technical problems is the fact that this risks the national security of the United States.  This was revealed by non other than <a href=http://www.zeropaid.com/news/90967/nsa-yelled-at-france-over-three-strikes-legislation/ target=_blank>the NSA when they "yelled" at France for implementing a three strikes law</a>.  Sure, you can say a lot of bad things about the NSA, but they were very correct in being highly concerned over the implications of things like a three strikes law, or, in this case, a six strike agreement.

If something like the US's new 6 strike agreement were to be widely successful with hundreds of thousands of notices being handed out to people, this will prompt resistance.  It's not a matter of if, but when.  There will be increasingly sophisticated methods to hide ones tracks to share files.  There will be a very large number of people who will be very interested in developing such techniques to continue to share files undetected.  This will generate interest from those who have more shady reasons to hide their traffic and they will inevitably ride on the coat-tails of those who have more ideological reasons to develop privacy enforcing technology.  This would only serve to undermine the intelligence communities efforts to monitor those who wish to do harm to the country because it will be harder to monitor communications.  Indirectly speaking, implementing an agreement like this serves to help terrorists.  This would, no doubt, explains a lot about why the government didn't decide to enact a three strikes law in the first place - because they knew it would harm national security.

In addition to all of this is the fact that things like a "three strikes law" is a violation of human rights.  This was revealed by none other than <a href=http://www.zeropaid.com/news/93617/un-report-3-strikes-is-a-violation-of-human-rights/ target=_blank>United Nations Special Rapporteur, Frank La Rue</a> who rightfully points out that there is a good reason to be "alarmed" at countries that choose to disconnect its users in such a manner.  From our report when the paper was released:

<blockquote>“While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely,” it reads. “The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.”</blockquote>

Even though there is plenty of those who would point out that the US's "6 strike agreement" doesn't necessarily force disconnection, there's didn't seem to be much that would not curtail someones right to free speech.  Even throttling would raise concerns that free speech is being hampered.  Last time I checked, freedom of speech <a href=http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution target=_blank>is part of the US constitution as well</a>.

Every inkling of knowledge I personally have of the US and it's laws says that this agreement shouldn't survive in a number of ways, but I also happen to know that capitalism entities tends to be above the law at times.  It's not like every major corporation <a href=http://politics.slashdot.org/story/11/03/28/0131242/US-Competitiveness-Chief-Immelts-GE-Tax-Bill-0 target=_blank>even pay taxes anymore in the US anyway</a> to name one example.  So, I really can't say if this will become the norm or not in the US.  Still, it's a very scary prospect because there will be a very large push by these industries to make other countries implement such laws.  I say the implications of this remains to be seen, but it certainly doesn't look good at this point.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/94265/assessing-americas-6-strike-regime/feed/</wfw:commentRss>
		<slash:comments>14</slash:comments>
		</item>
		<item>
		<title>Anonymous Posts ISP Source Code to Retaliate Against Censorship</title>
		<link>http://www.zeropaid.com/news/94134/anonymous-posts-isp-source-code-to-retaliate-against-censorship/</link>
		<comments>http://www.zeropaid.com/news/94134/anonymous-posts-isp-source-code-to-retaliate-against-censorship/#comments</comments>
		<pubDate>Tue, 05 Jul 2011 15:27:34 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[AntiSec]]></category>
		<category><![CDATA[censorship]]></category>
		<category><![CDATA[dutch]]></category>
		<category><![CDATA[government]]></category>
		<category><![CDATA[hack]]></category>
		<category><![CDATA[hacker]]></category>
		<category><![CDATA[hacking]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[security]]></category>
		<category><![CDATA[source code]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94134</guid>
		<description><![CDATA[<p><img width="128" height="128" src="http://www.zeropaid.com/wp-content/uploads/2011/06/Anonymous_Blue.jpg" class="attachment-post-thumbnail wp-post-image" alt="Anonymous_Blue" title="Anonymous_Blue" /></p><h3>Previously, Anonymous has <a href=http://www.zeropaid.com/news/94103/anonymous-posts-internal-data-of-the-orange-county-democrats/ target=_blank>leaked details of the Orange Country Democrats</a>.  Now, it seems, they have decided to post source code and blacklist data of a Dutch ISP after the ISP decided to act on government requests to censor Internet traffic.</h3>

The wave of hacking has yet to subside at all if the latest activity is any indication.  Information regarding the latest data dump has been posted to <a href=http://pastebin.com/TvSxycCf target=_blank>pastebin</a> while VOIP blocking data <a href=http://pastehtml.com/view/azgwu5ol2.html target=_blank>has been posted to PasteHTML</a> (Caution: multiple certificate errors) and source code from servers have been posted to <a href=http://www.mediafire.com/?zj9q7gng34ptais target=_blank>MediaFire</a> - a file that appears to be about 4.25MB.

Anonymous has released a statement in regard to this latest release:

<blockquote>To all friendly and enemy vessels,

Today we want to introduce you to Nimbuzz, a Dutch company providing a free mobile messaging application carrying the same name. This company is not situated in just the Netherlands as they have offices in Argentina, India, Indonesia and all over Europe. So why does this company interest us? Well, simply put, they are capable and self-admittingly willing to co-operate with governments to help censor the public's use of the very service they offer.

Now it should be noted that some of our blackhat friends who are extensively involved in the AntiSec movement have had access to this company's networks for some time. Their access to this network is best described as complete access to everything in their network including all of their source code on Nimbuzz's svn server. The gross incompetence of the security model put in place for this server astounded even us.

We have access to many many networks and because of this we have to prioritize what is of interest or use to us (or you, the public that we love so much). However, we had some friends bring it to our attention that this Nimbuzz company is actually enacting policies that directly go against everything Antisec stands for. Thus, here we are.

To prove that we aren't making this up here is a document in their CMS displaying the procedure of how, if requested, they can switch off VOIP services BY GOVERNMENT REQUEST. A quote from the document:

<blockquote>  "In some countries governments and/or operators have reasons for not allowing VoIP over (mobile) data networks. They may use technical means to active block and / or throttle the Nimbuzz traffic over their network. This results in total, partial or severe Nimbuzz service degradation towards the end-user. 

When these cases are known, Nimbuzz will open dialogue with the government/operator. Aim is to resolve the service degradation and restore quality of service. In return for allowing Nimbuzz service to run properly,  we can offer to switch of VoIP calls on this operator network."</blockquote>

The document goes further to state that Nimbuzz currently blocks all VOIP traffic in Syria and Egypt and even includes specific data such as IP ranges given by providers.

This is entirely unacceptable and let's make this perfectly clear: 

We DO NOT tolerate any kind of censorship of communication.

We DO NOT tolerate companies working in collusion with governments to stop the free flow of information

We WILL expose these companies to the public to show how their information can be manipulated and censored by the governments and corporations that work with them

Thus, we release the document mentioned above in full as well as some other information from their CMS. As a bonus we have also acquired some code from the /trunk directory on their svn. In total we downloaded over 120 Gigabyte of source code but will not release it..yet. 

Take heed, governments that seek to oppose the people who elect them and the corporations who the people work for - We will not stand idly by while you take away our electronic and physical freedom.

"People should not be afraid of their governments. Governments should be afraid of their people."</blockquote>

This development is interesting because late last month, an Australian ISP <a href=http://www.zeropaid.com/news/93950/anonymous-and-lulzsecs-existence-scares-isp-into-halting-web-censorship/ target=_blank>hesitated on implementing government mandated censorship</a> fearing "reprisals" from groups such as Anonymous and LulzSec.  While the ISP has moved forward with their censorship plans, it seems that Anonymous has shown that they won't hesitate to retaliate against ISPs who support or are co-operative with government mandated censorship.

So far, this isn't looking like things are going to end well for one entity at the very least.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="128" height="128" src="http://www.zeropaid.com/wp-content/uploads/2011/06/Anonymous_Blue.jpg" class="attachment-post-thumbnail wp-post-image" alt="Anonymous_Blue" title="Anonymous_Blue" /></p><h3>Previously, Anonymous has <a href=http://www.zeropaid.com/news/94103/anonymous-posts-internal-data-of-the-orange-county-democrats/ target=_blank>leaked details of the Orange Country Democrats</a>.  Now, it seems, they have decided to post source code and blacklist data of a Dutch ISP after the ISP decided to act on government requests to censor Internet traffic.</h3>

The wave of hacking has yet to subside at all if the latest activity is any indication.  Information regarding the latest data dump has been posted to <a href=http://pastebin.com/TvSxycCf target=_blank>pastebin</a> while VOIP blocking data <a href=http://pastehtml.com/view/azgwu5ol2.html target=_blank>has been posted to PasteHTML</a> (Caution: multiple certificate errors) and source code from servers have been posted to <a href=http://www.mediafire.com/?zj9q7gng34ptais target=_blank>MediaFire</a> - a file that appears to be about 4.25MB.

Anonymous has released a statement in regard to this latest release:

<blockquote>To all friendly and enemy vessels,

Today we want to introduce you to Nimbuzz, a Dutch company providing a free mobile messaging application carrying the same name. This company is not situated in just the Netherlands as they have offices in Argentina, India, Indonesia and all over Europe. So why does this company interest us? Well, simply put, they are capable and self-admittingly willing to co-operate with governments to help censor the public's use of the very service they offer.

Now it should be noted that some of our blackhat friends who are extensively involved in the AntiSec movement have had access to this company's networks for some time. Their access to this network is best described as complete access to everything in their network including all of their source code on Nimbuzz's svn server. The gross incompetence of the security model put in place for this server astounded even us.

We have access to many many networks and because of this we have to prioritize what is of interest or use to us (or you, the public that we love so much). However, we had some friends bring it to our attention that this Nimbuzz company is actually enacting policies that directly go against everything Antisec stands for. Thus, here we are.

To prove that we aren't making this up here is a document in their CMS displaying the procedure of how, if requested, they can switch off VOIP services BY GOVERNMENT REQUEST. A quote from the document:

<blockquote>  "In some countries governments and/or operators have reasons for not allowing VoIP over (mobile) data networks. They may use technical means to active block and / or throttle the Nimbuzz traffic over their network. This results in total, partial or severe Nimbuzz service degradation towards the end-user. 

When these cases are known, Nimbuzz will open dialogue with the government/operator. Aim is to resolve the service degradation and restore quality of service. In return for allowing Nimbuzz service to run properly,  we can offer to switch of VoIP calls on this operator network."</blockquote>

The document goes further to state that Nimbuzz currently blocks all VOIP traffic in Syria and Egypt and even includes specific data such as IP ranges given by providers.

This is entirely unacceptable and let's make this perfectly clear: 

We DO NOT tolerate any kind of censorship of communication.

We DO NOT tolerate companies working in collusion with governments to stop the free flow of information

We WILL expose these companies to the public to show how their information can be manipulated and censored by the governments and corporations that work with them

Thus, we release the document mentioned above in full as well as some other information from their CMS. As a bonus we have also acquired some code from the /trunk directory on their svn. In total we downloaded over 120 Gigabyte of source code but will not release it..yet. 

Take heed, governments that seek to oppose the people who elect them and the corporations who the people work for - We will not stand idly by while you take away our electronic and physical freedom.

"People should not be afraid of their governments. Governments should be afraid of their people."</blockquote>

This development is interesting because late last month, an Australian ISP <a href=http://www.zeropaid.com/news/93950/anonymous-and-lulzsecs-existence-scares-isp-into-halting-web-censorship/ target=_blank>hesitated on implementing government mandated censorship</a> fearing "reprisals" from groups such as Anonymous and LulzSec.  While the ISP has moved forward with their censorship plans, it seems that Anonymous has shown that they won't hesitate to retaliate against ISPs who support or are co-operative with government mandated censorship.

So far, this isn't looking like things are going to end well for one entity at the very least.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/94134/anonymous-posts-isp-source-code-to-retaliate-against-censorship/feed/</wfw:commentRss>
		<slash:comments>13</slash:comments>
		</item>
		<item>
		<title>Government to Blame for US Living in Stone Age of Internet Connectivity &#8211; Report</title>
		<link>http://www.zeropaid.com/news/94090/government-to-blame-for-us-living-in-stone-age-of-internet-connectivity-report/</link>
		<comments>http://www.zeropaid.com/news/94090/government-to-blame-for-us-living-in-stone-age-of-internet-connectivity-report/#comments</comments>
		<pubDate>Fri, 01 Jul 2011 09:48:32 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[competition]]></category>
		<category><![CDATA[connection]]></category>
		<category><![CDATA[connection speeds]]></category>
		<category><![CDATA[connectivity]]></category>
		<category><![CDATA[eu]]></category>
		<category><![CDATA[europe]]></category>
		<category><![CDATA[government]]></category>
		<category><![CDATA[Internet Speeds]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[speed]]></category>
		<category><![CDATA[uk]]></category>
		<category><![CDATA[us]]></category>
		<category><![CDATA[usa]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=94090</guid>
		<description><![CDATA[<p><img width="200" height="133" src="http://www.zeropaid.com/wp-content/uploads/2011/07/Man-Yelling-At-Laptop_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="Man Yelling At Laptop_crop" title="Man Yelling At Laptop_crop" /></p><h3>What could possibly be the reason why the US has such (loading article, please wait...)</h3>

There's a fascinating piece on <a href=http://www.engadget.com/2011/06/28/why-is-european-broadband-faster-and-cheaper-blame-the-governme/ target=_blank>Engadget</a> that discusses at length why many Europeans are paying less for faster internet connections than US citizens on average.  The reason why this is the case, says the report, is one simple word: government.

As a case in point, the article discusses the situation in the UK because it was, at one point, like the US - little competition, high costs and poorer quality services.  It wasn't until the government forced the incumbent industries to participate in "local loop unbundling" and pushing competition in to the market that allowed internet speeds to rise and costs to fall.  While not easy, the government took to embarrassing the company into submission before competition could be allowed in to the market place.

What I like in particular about the article is that it tackles on of the biggest reasons big telecom companies won't allow people to have faster and better connection speeds - the land mass excuse:

<blockquote>AT&T takes a different tack: The firm says it supports competition, but notes that, "There is no 'one-size fits all' regulatory regime" that will work worldwide. AT&T cites two main differences between the UK and U.S. markets: First, more U.S. homes have the option of buying broadband service from cable companies. Second, the U.S. is more spread out -- the technical term is that those "loops" are longer.

But again, the facts in the UK suggest otherwise. Many homes in Britain's largest city -- London -- have cable access, but cable prices have fallen alongside that of DSL service.

Meanwhile, the size of the U.S. may be a red herring. Most of the region between Boston and Washington is as densely populated as most of Europe and the UK. So is the California coast between San Francisco and San Diego. And so is the region of the Midwest centered on Chicago. Those areas are home to about a quarter of all Americans. In other words, we live in a big country, but a lot of it is relatively empty space.

The argument that the U.S. is too spread out is nonsense, according to Herman Wagter, one of the Netherlands' most prominent evangelists for next-generation broadband. He thinks there's something else going on in Verizon's and AT&T's opposition to competition at home: They're afraid of it.</blockquote>

What I find really depressing about al of this is that it's the same situation in Canada and even people in the US can feel the effects of no competition and high prices just by the horror stories of roaming charges on cellphone bills alone.  I've personally seen 130kbps down, 60kbps up for over $70 Canadian be considered the norm in some places.  By European standards in many cases, that's probably considered bordeline farcical.

Government will does make sense both in the US and in Canada.  In the US, there is no shortage of people who think that the Federal Communications Commission (FCC) is a sad joke when it comes to ensuring competition in the US.  Meanwhile in Canada, there is growing calls to have the Canadian Radio-television and Telecommunications Commission (CRTC) disbanded for numerous reasons including favouring the big players in the market over smaller competitors and having former big telecom bosses be part of the board.  While a href=http://www.engadget.com/2011/06/28/why-is-european-broadband-faster-and-cheaper-blame-the-governme/ target=_blank>the Engadget article is long</a>, it's certainly well worth the read.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="133" src="http://www.zeropaid.com/wp-content/uploads/2011/07/Man-Yelling-At-Laptop_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="Man Yelling At Laptop_crop" title="Man Yelling At Laptop_crop" /></p><h3>What could possibly be the reason why the US has such (loading article, please wait...)</h3>

There's a fascinating piece on <a href=http://www.engadget.com/2011/06/28/why-is-european-broadband-faster-and-cheaper-blame-the-governme/ target=_blank>Engadget</a> that discusses at length why many Europeans are paying less for faster internet connections than US citizens on average.  The reason why this is the case, says the report, is one simple word: government.

As a case in point, the article discusses the situation in the UK because it was, at one point, like the US - little competition, high costs and poorer quality services.  It wasn't until the government forced the incumbent industries to participate in "local loop unbundling" and pushing competition in to the market that allowed internet speeds to rise and costs to fall.  While not easy, the government took to embarrassing the company into submission before competition could be allowed in to the market place.

What I like in particular about the article is that it tackles on of the biggest reasons big telecom companies won't allow people to have faster and better connection speeds - the land mass excuse:

<blockquote>AT&T takes a different tack: The firm says it supports competition, but notes that, "There is no 'one-size fits all' regulatory regime" that will work worldwide. AT&T cites two main differences between the UK and U.S. markets: First, more U.S. homes have the option of buying broadband service from cable companies. Second, the U.S. is more spread out -- the technical term is that those "loops" are longer.

But again, the facts in the UK suggest otherwise. Many homes in Britain's largest city -- London -- have cable access, but cable prices have fallen alongside that of DSL service.

Meanwhile, the size of the U.S. may be a red herring. Most of the region between Boston and Washington is as densely populated as most of Europe and the UK. So is the California coast between San Francisco and San Diego. And so is the region of the Midwest centered on Chicago. Those areas are home to about a quarter of all Americans. In other words, we live in a big country, but a lot of it is relatively empty space.

The argument that the U.S. is too spread out is nonsense, according to Herman Wagter, one of the Netherlands' most prominent evangelists for next-generation broadband. He thinks there's something else going on in Verizon's and AT&T's opposition to competition at home: They're afraid of it.</blockquote>

What I find really depressing about al of this is that it's the same situation in Canada and even people in the US can feel the effects of no competition and high prices just by the horror stories of roaming charges on cellphone bills alone.  I've personally seen 130kbps down, 60kbps up for over $70 Canadian be considered the norm in some places.  By European standards in many cases, that's probably considered bordeline farcical.

Government will does make sense both in the US and in Canada.  In the US, there is no shortage of people who think that the Federal Communications Commission (FCC) is a sad joke when it comes to ensuring competition in the US.  Meanwhile in Canada, there is growing calls to have the Canadian Radio-television and Telecommunications Commission (CRTC) disbanded for numerous reasons including favouring the big players in the market over smaller competitors and having former big telecom bosses be part of the board.  While a href=http://www.engadget.com/2011/06/28/why-is-european-broadband-faster-and-cheaper-blame-the-governme/ target=_blank>the Engadget article is long</a>, it's certainly well worth the read.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/94090/government-to-blame-for-us-living-in-stone-age-of-internet-connectivity-report/feed/</wfw:commentRss>
		<slash:comments>8</slash:comments>
		</item>
		<item>
		<title>Anonymous and LulzSec&#8217;s Existence Scares ISP into Halting Web Censorship</title>
		<link>http://www.zeropaid.com/news/93950/anonymous-and-lulzsecs-existence-scares-isp-into-halting-web-censorship/</link>
		<comments>http://www.zeropaid.com/news/93950/anonymous-and-lulzsecs-existence-scares-isp-into-halting-web-censorship/#comments</comments>
		<pubDate>Sat, 25 Jun 2011 08:23:50 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[anonymous]]></category>
		<category><![CDATA[australia]]></category>
		<category><![CDATA[censorship]]></category>
		<category><![CDATA[hack]]></category>
		<category><![CDATA[hacker]]></category>
		<category><![CDATA[hacking]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[lulzsec]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93950</guid>
		<description><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/08/Australia-Flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="Australia Flag_crop" title="Australia Flag_crop" /></p><h3>LulzSec has certainly had an effect on many around the world.  Love them or hate them, it's next to impossible to deny that they have caught the attention of many.  That includes Australian ISP Telstra.  According to reports surfacing, <a href=http://www.zeropaid.com/news/93922/aussie-isps-plan-to-begin-voluntarily-filtering-the-web/ target=_blank>they planned on rolling out their web censorship plan</a>, but are now hesitant on implementing their web censorship plan fearing reprisals from hacking groups such as LulzSec.</h3>

Australia's web censorship plans have been around for years now.  In 2008, the plan to censor the internet caused many <a href=http://www.zeropaid.com/news/9901/protesters_hit_the_streets_over_australian_internet_censorship_proposals/ target=_blank>to hit the streets to protest it</a>.  Opponents suggested that the web censorship laws were <a href=http://www.zeropaid.com/news/9821/australian_govts_plan_to_censor_the_internet_is_stricter_than_iran/ target=_blank>"stricter than Iran"</a> while proponents went so far as to say that <a href=http://www.zeropaid.com/news/89991/prof-4chan-trolls-reason-enough-for-mandatory-australian-isp-filter/ target=_blank>4Chan was reason enough to censor the internet</a>.  At one point, it was revealed that even <a href=http://www.zeropaid.com/news/9913/aussie_internet_filtering_plan_to_include_p2p_traffic/ target=_blank>P2P traffic would be included into the net filters</a>.  Regardless, the plan to implement the Australian web filters were <a href=http://www.zeropaid.com/news/93922/aussie-isps-plan-to-begin-voluntarily-filtering-the-web/ target=_blank>were going to begin</a>.

For those hoping to stop web censorship at the ISP level, they may have gotten an inadvertant ally - LulzSec and Anonymous.  The report came from <a href=http://www.theaustralian.com.au/australian-it/hackers-put-telstra-in-filter-bind/story-e6frgakx-1226081618113 target=_blank>The Australian</a> which has this intriguing bit of information:

<blockquote>It is understood Telstra was last night still grappling with the decision as to whether to commit to the voluntary filter because of fears of reprisals from the internet vigilantes behind a spate of recent cyber attacks.

It is understood the unstructured collective of hackers that identifies itself as Lulz Security, which has an agenda to wreak havoc on corporate and government cyber assets, claiming this is to expose security flaws, is one of Telstra main concerns.

LulzSec has claimed responsibility for attacks on the US Central Intelligence Agency, the US PBS and most recently it released a swath of Arizona law-enforcement documents.</blockquote>

<blockquote>The other main concern is a group that identifies itself as Anonymous, another unstructured hacker collective that claims to be opposed to any form of internet censorship, and has carried out attacks on Australian government websites because of Canberra's support for an internet filter</blockquote>

<blockquote>Patrick Gray, host of information security podcast Risky Business said the carriers' fears were well-founded.</blockquote>

The fears might be well-founded considering, just two days ago, LulzSec and Anonymous together were able to break in to and post <a href=http://www.zeropaid.com/news/93919/lulzsecs-first-secret-document-dump-hits-web-one-day-early/ target=_blank>sensitive documents about the Arizona police force</a> in retaliation of "SB1070 and the racial profiling anti-immigrant police state that is Arizona."

What will be interesting to see is how many other controversial things might be stalled as a result of this activity taking place.

[<a href=http://yro.slashdot.org/story/11/06/25/037227/Telstra-Fears-LulzSec-Attacks-Hesitates-On-Internet-Filter target=_blank>Hat Tip</a>]

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/08/Australia-Flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="Australia Flag_crop" title="Australia Flag_crop" /></p><h3>LulzSec has certainly had an effect on many around the world.  Love them or hate them, it's next to impossible to deny that they have caught the attention of many.  That includes Australian ISP Telstra.  According to reports surfacing, <a href=http://www.zeropaid.com/news/93922/aussie-isps-plan-to-begin-voluntarily-filtering-the-web/ target=_blank>they planned on rolling out their web censorship plan</a>, but are now hesitant on implementing their web censorship plan fearing reprisals from hacking groups such as LulzSec.</h3>

Australia's web censorship plans have been around for years now.  In 2008, the plan to censor the internet caused many <a href=http://www.zeropaid.com/news/9901/protesters_hit_the_streets_over_australian_internet_censorship_proposals/ target=_blank>to hit the streets to protest it</a>.  Opponents suggested that the web censorship laws were <a href=http://www.zeropaid.com/news/9821/australian_govts_plan_to_censor_the_internet_is_stricter_than_iran/ target=_blank>"stricter than Iran"</a> while proponents went so far as to say that <a href=http://www.zeropaid.com/news/89991/prof-4chan-trolls-reason-enough-for-mandatory-australian-isp-filter/ target=_blank>4Chan was reason enough to censor the internet</a>.  At one point, it was revealed that even <a href=http://www.zeropaid.com/news/9913/aussie_internet_filtering_plan_to_include_p2p_traffic/ target=_blank>P2P traffic would be included into the net filters</a>.  Regardless, the plan to implement the Australian web filters were <a href=http://www.zeropaid.com/news/93922/aussie-isps-plan-to-begin-voluntarily-filtering-the-web/ target=_blank>were going to begin</a>.

For those hoping to stop web censorship at the ISP level, they may have gotten an inadvertant ally - LulzSec and Anonymous.  The report came from <a href=http://www.theaustralian.com.au/australian-it/hackers-put-telstra-in-filter-bind/story-e6frgakx-1226081618113 target=_blank>The Australian</a> which has this intriguing bit of information:

<blockquote>It is understood Telstra was last night still grappling with the decision as to whether to commit to the voluntary filter because of fears of reprisals from the internet vigilantes behind a spate of recent cyber attacks.

It is understood the unstructured collective of hackers that identifies itself as Lulz Security, which has an agenda to wreak havoc on corporate and government cyber assets, claiming this is to expose security flaws, is one of Telstra main concerns.

LulzSec has claimed responsibility for attacks on the US Central Intelligence Agency, the US PBS and most recently it released a swath of Arizona law-enforcement documents.</blockquote>

<blockquote>The other main concern is a group that identifies itself as Anonymous, another unstructured hacker collective that claims to be opposed to any form of internet censorship, and has carried out attacks on Australian government websites because of Canberra's support for an internet filter</blockquote>

<blockquote>Patrick Gray, host of information security podcast Risky Business said the carriers' fears were well-founded.</blockquote>

The fears might be well-founded considering, just two days ago, LulzSec and Anonymous together were able to break in to and post <a href=http://www.zeropaid.com/news/93919/lulzsecs-first-secret-document-dump-hits-web-one-day-early/ target=_blank>sensitive documents about the Arizona police force</a> in retaliation of "SB1070 and the racial profiling anti-immigrant police state that is Arizona."

What will be interesting to see is how many other controversial things might be stalled as a result of this activity taking place.

[<a href=http://yro.slashdot.org/story/11/06/25/037227/Telstra-Fears-LulzSec-Attacks-Hesitates-On-Internet-Filter target=_blank>Hat Tip</a>]

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93950/anonymous-and-lulzsecs-existence-scares-isp-into-halting-web-censorship/feed/</wfw:commentRss>
		<slash:comments>15</slash:comments>
		</item>
		<item>
		<title>Canadian Political Parties Clarify Their Positions on Copyright</title>
		<link>http://www.zeropaid.com/news/93234/canadian-political-parties-clarify-their-positions-on-copyright/</link>
		<comments>http://www.zeropaid.com/news/93234/canadian-political-parties-clarify-their-positions-on-copyright/#comments</comments>
		<pubDate>Wed, 27 Apr 2011 05:55:50 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Bloc]]></category>
		<category><![CDATA[canada]]></category>
		<category><![CDATA[Canadian DMCA]]></category>
		<category><![CDATA[Conservative]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[debate]]></category>
		<category><![CDATA[election]]></category>
		<category><![CDATA[fair dealing]]></category>
		<category><![CDATA[fair use]]></category>
		<category><![CDATA[Green]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[ISP liability]]></category>
		<category><![CDATA[Liberal]]></category>
		<category><![CDATA[ndp]]></category>
		<category><![CDATA[politics]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93234</guid>
		<description><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/05/canada-flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="canada-flag_crop" title="canada-flag_crop" /></p><h3>It'll be May 2nd when Canadians head to the polls, and the positions on copyright can be rather muddied at times.  That makes the CCA posting on political parties so interesting.  Canadian political parties were asked a series of questions related to the arts and some of this ground covers copyright.</h3>

Recently, ZeroPaid's own Jared Moya noted that ACTRA was <a href=http://www.zeropaid.com/news/93230/actra-urging-canadians-to-vote-for-pro-three-strikes-candidates target=_blank>asking Canadians to vote for candidates who would support a three strikes law</a>.  The question being raised here is which party best suits your position if you are Canadian.  We've already reviewed the platforms of the <a href=http://www.zeropaid.com/news/93112/canadas-election-a-review-of-the-conservative-platform-on-digital-issues/ target=_blank>Conservative</a>, <a href=http://www.zeropaid.com/news/93121/canada%e2%80%99s-election-a-review-of-the-bloc-platform-on-digital-issues/ target=_blank>Bloc</a>, <a href=http://www.zeropaid.com/news/93117/canada%e2%80%99s-election-a-review-of-the-liberal-platform-on-digital-issues/ target=_blank>Liberal</a>, <a href=http://www.zeropaid.com/news/93128/canada%e2%80%99s-election-a-review-of-the-green-party-platform-on-digital-issues/ target=_blank>Green</a> and <a href=http://www.zeropaid.com/news/93131/canada%e2%80%99s-election-a-review-of-the-pirate-party-platform-on-digital-issues/ target=_blank>Pirate</a> party platforms.

Well, if reading the platforms weren't enough for you, the Canadian Conference of the Arts (CCA) <a href=http://ccarts.ca/en/advocacy/bulletins/2011/1611.htm target=_blank>sent a series of questions to the Bloc, Conservative, Green, Liberal and NDP parties with regards to the arts in Canada</a>.  There responses might prove quite interesting for some voters to say the least.  As it seems to be par for the course, the Conservative party did not answer any questions, so that leaves the Liberal, NDP, Bloc and Green parties.  We've read through the comments and have put together some notes.

The parties were asked, "How do you intend to protect culture in international trade negotiations?"

The Green party had an interesting response, saying:

<blockquote>Bad trade deals are bad for Canadians. A Green Government will renegotiate NAFTA and FTAA, as well as other agreements currently under negotiation (e.g. Canadian-EU Trade Agreement (CETA)). Any Chapter 11-type Investor-State provision that allow foreign companies to sue our government and its agencies (e.g. CRTC) will be removed.</blockquote>

Copyright was then asked.  The question specifically was "Precisely when does your party intend to present amendments to modernize the Copyright Act?"

The Bloc responded with the following:

<blockquote>If Bill C-32 is presented before Parliament again in its current form, the Bloc will try to better balance the bill by proposing amendments during the committee's study. </blockquote>

While this response specifically seems rather vague, judging by our platform review, chances are, they mean that they are going to restrict copyright more to the liking of foreign multinational companies (re: DMCA-style copyright law)

The Liberals response was particularly eye-opening:

<blockquote>Recent studies have shown that Canada’s out-of-date Copyright act translates into major economic loss (up to 965 million dollars lost last year due to piracy, according to an Ipsos/ Oxford economics study) for Canadian creators all across the country; the Liberal Party will thus start working on presenting a modernised copyright act as soon as we form government. Bill C-32, the latest Conservative attempt to modernise copyright, was unbalanced and unfair; a Liberal government will work with all stakeholders to ensure creators rights and their sources of revenues are protected under the Copyright act.

Digital technology offers many new opportunities, but enjoying content without compensating its creators shouldn’t be among them. A new Liberal government will introduce technology neutral copyright legislation that balances the needs of creators and consumers and reflects the principle that our artists and musicians should be paid for their work. We will stand with Canadian creators as they navigate both the opportunities and challenges of the new digital society.
 
During the debate on copyright legislation in the last Parliament, it was the Liberal Party that developed a practical solution to providing musicians with compensation through a new private copying compensation fund rather than a levy. A Liberal government will look to develop similarly innovative solutions to ensure that the Copyright Act protects creators’ existing and future rights and revenue streams in a digital age. Likewise, the Liberal party believes that any exception under fair dealings must be clearly defined with a clear and strict test for fair use so that creators are fairly compensated for their work. <blockquote>

Bottom line, it sounds like the Liberals are planning on also changing copyright laws so that they are more strict.  While their track record (what we mentioned in our Liberal platform review) suggests that they want to increase exceptions, that seems to be the only highlight of their position as they sound like they are merely going along with what foreign corporations want copyright laws to be from the sounds of things. 

The NDP simply had this to say:

<blockquote>If elected, Jack Layton and the New Democrat team are committed to introducing legislation to modernize Canada’s copyright regime within 12 months of taking office.</blockquote>

The parties were then asked, "What types of amendments do you intend to put forward? "

The Bloc's response:

<blockquote>Copyright law does not take into account the impact of new technologies, including the advent of the internet, and must be changed as quickly as possible. All work deserves proper compensation, so it is essential that artists and creators receive their dues, while also ensuring that consumers benefit from access to creative products.

Illegal downloading is detrimental to artists, who receive no fair compensation for their works, while internet service providers are able to benefit financially from their labour.

Introduced in June 2010 by the Conservatives, Bill C-32 fails to make ISPs responsible and is satisfied with attacking the consumers who pay ISPs for internet access. </blockquote>

This appears to be repeating what they said earlier in their platform about making ISPs liable for copyright infringement.  It also seems to reaffirm that they are merely going to toe the viewpoint of foreign multi-national corporations.

The Green parties response was rather surprising:

<blockquote>
The Green Party believes that Bill C-32 needs more work and that the educational exceptions in particular disrespect creators and threatens their livelihoods and businesses. The Green Party of Canada is committed to working with the CCA and all the relevant stakeholders to modernize our outdated copyright system.</blockquote>

I don't understand exactly how the educational exceptions in Bill C-32 disrespected creators.  It locked down art whenever there was a DRM present, thus restricting what educators could do with material for educational purposes.  I personally find this response puzzling.

The NDP was more open to fair dealing:

<blockquote>We would begin by addressing issues including private copying, fair dealing, and the regime governing statutory damages, among others.</blockquote>

The next question was this: "Which elements of Bill C-32 will your party keep, and which elements of the bill  will your party remove or change in a new bill to modernize the Copyright Act?"

The Bloc responded:

<blockquote>The Bloc Québécois will ensure that the new bill is fair to both creators and consumers. This balance must be achieved, most notably through: an upgraded system for private copying, applying to mp3 players and other digital music players; reasonable royalties to artists for redistribution of their works; the abolition of the education exemption and fair recognition of the resale rights of visual artists.</blockquote>

They went on to re-iterate that they want to make ISPs liable for copyright infringement.

The Green Party had an interesting response:

<blockquote>The Green Party of Canada strongly supports artists' rights to guaranteed fair compensation through fair patent and copyright laws. At the same time, we consider the digital lock provision in Bill C-32 to be excessively restrictive in that

it will not allow students and journalists to properly create and conduct research.

We will work with the CCA and other stakeholders to sharpen the definition of "educational uses" to find the right balance to give researchers this ability in a manner consistent with a thriving information commons, fair dealing principles, and moral rights.</blockquote>

This seems to be similar to the Liberals position on the DRM exceptions that they are far too strict and, essentially, choke off certain kinds of innovation legally speaking.

The NDP had a very specific response:

<blockquote>In reviewing Bill C-32, New Democrats would closely examine a number of key issues contained in the proposed legislation, including (but not limited to) ISP liability, Technological Protection Measures (TPMs, or so-called “digital locks”), statutory damages, private copying and reproduction for private purposes, broadcast mechanical licensing and fair dealing.

In order to arrive at an equilibrium between the interests of rights-holders and those of consumers, New Democrats would likely begin developing new copyright laws, beginning by consulting widely with stakeholder groups with the aim of creating a legislation that is – unlike C-32 – truly technology-neutral, balanced and flexible enough to ensure its adaptability to new platforms and technologies in the years to come. We would also determine definitively Canada’s obligations as a signatory to various international treaties governing copyright and intellectual property. </blockquote>

While they are glossing over a lot of subjects, they are, at least, recognizing that these issues do matter to them.

If you would like to see the full responses and questions in these and other topics, you can check out the <a href=http://ccarts.ca/en/advocacy/bulletins/2011/1611.htm target=_blank>CCA website</a>.

So, if ACTRA is hoping to find a political party that explicitly says they'll support a three strikes law, well, it's clear that this policy isn't exactly on the minds of the political parties judging by these responses.  The closest mention of three strikes is the mention of CETA.  That was the Green party and they explicitly said that such an agreement was a bad idea.

What is noticeable in these responses is how some parties (namely the Liberals and the Bloc) seem to be more warm to the idea of a more DMCA-style approach to copyright. The Bloc went further by saying that ISPs should be liable for copyright infringement.  While I personally fully disagree with this policy because ISPs are used for way more than accessing music, they seem to have been very consistent on this position.  The NDP appear to at least recognize the complexities of copyright the most with mentioning not just TPMs and fair dealing, but statutory damages and ISP liability as well.

Overall, these are very interesting comments given that sometimes, the party platforms were vague at times.  Some of these responses really did clarify the party positions on these issues.  I think that the NDP further clarified their positions the most while the Bloc merely reaffirmed their positions.  The other parties were somewhere in between reaffirming their positions and clarifying the points they made in their platform.

Does these positions change your vote?  Which party do you think had the position that reflects your stance on copyright the most?  Are all of the issues that are of concern to you being addressed so far in this election? 

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></description>
			<content:encoded><![CDATA[<p><img width="200" height="100" src="http://www.zeropaid.com/wp-content/uploads/2009/05/canada-flag_crop.jpg" class="attachment-post-thumbnail wp-post-image" alt="canada-flag_crop" title="canada-flag_crop" /></p><h3>It'll be May 2nd when Canadians head to the polls, and the positions on copyright can be rather muddied at times.  That makes the CCA posting on political parties so interesting.  Canadian political parties were asked a series of questions related to the arts and some of this ground covers copyright.</h3>

Recently, ZeroPaid's own Jared Moya noted that ACTRA was <a href=http://www.zeropaid.com/news/93230/actra-urging-canadians-to-vote-for-pro-three-strikes-candidates target=_blank>asking Canadians to vote for candidates who would support a three strikes law</a>.  The question being raised here is which party best suits your position if you are Canadian.  We've already reviewed the platforms of the <a href=http://www.zeropaid.com/news/93112/canadas-election-a-review-of-the-conservative-platform-on-digital-issues/ target=_blank>Conservative</a>, <a href=http://www.zeropaid.com/news/93121/canada%e2%80%99s-election-a-review-of-the-bloc-platform-on-digital-issues/ target=_blank>Bloc</a>, <a href=http://www.zeropaid.com/news/93117/canada%e2%80%99s-election-a-review-of-the-liberal-platform-on-digital-issues/ target=_blank>Liberal</a>, <a href=http://www.zeropaid.com/news/93128/canada%e2%80%99s-election-a-review-of-the-green-party-platform-on-digital-issues/ target=_blank>Green</a> and <a href=http://www.zeropaid.com/news/93131/canada%e2%80%99s-election-a-review-of-the-pirate-party-platform-on-digital-issues/ target=_blank>Pirate</a> party platforms.

Well, if reading the platforms weren't enough for you, the Canadian Conference of the Arts (CCA) <a href=http://ccarts.ca/en/advocacy/bulletins/2011/1611.htm target=_blank>sent a series of questions to the Bloc, Conservative, Green, Liberal and NDP parties with regards to the arts in Canada</a>.  There responses might prove quite interesting for some voters to say the least.  As it seems to be par for the course, the Conservative party did not answer any questions, so that leaves the Liberal, NDP, Bloc and Green parties.  We've read through the comments and have put together some notes.

The parties were asked, "How do you intend to protect culture in international trade negotiations?"

The Green party had an interesting response, saying:

<blockquote>Bad trade deals are bad for Canadians. A Green Government will renegotiate NAFTA and FTAA, as well as other agreements currently under negotiation (e.g. Canadian-EU Trade Agreement (CETA)). Any Chapter 11-type Investor-State provision that allow foreign companies to sue our government and its agencies (e.g. CRTC) will be removed.</blockquote>

Copyright was then asked.  The question specifically was "Precisely when does your party intend to present amendments to modernize the Copyright Act?"

The Bloc responded with the following:

<blockquote>If Bill C-32 is presented before Parliament again in its current form, the Bloc will try to better balance the bill by proposing amendments during the committee's study. </blockquote>

While this response specifically seems rather vague, judging by our platform review, chances are, they mean that they are going to restrict copyright more to the liking of foreign multinational companies (re: DMCA-style copyright law)

The Liberals response was particularly eye-opening:

<blockquote>Recent studies have shown that Canada’s out-of-date Copyright act translates into major economic loss (up to 965 million dollars lost last year due to piracy, according to an Ipsos/ Oxford economics study) for Canadian creators all across the country; the Liberal Party will thus start working on presenting a modernised copyright act as soon as we form government. Bill C-32, the latest Conservative attempt to modernise copyright, was unbalanced and unfair; a Liberal government will work with all stakeholders to ensure creators rights and their sources of revenues are protected under the Copyright act.

Digital technology offers many new opportunities, but enjoying content without compensating its creators shouldn’t be among them. A new Liberal government will introduce technology neutral copyright legislation that balances the needs of creators and consumers and reflects the principle that our artists and musicians should be paid for their work. We will stand with Canadian creators as they navigate both the opportunities and challenges of the new digital society.
 
During the debate on copyright legislation in the last Parliament, it was the Liberal Party that developed a practical solution to providing musicians with compensation through a new private copying compensation fund rather than a levy. A Liberal government will look to develop similarly innovative solutions to ensure that the Copyright Act protects creators’ existing and future rights and revenue streams in a digital age. Likewise, the Liberal party believes that any exception under fair dealings must be clearly defined with a clear and strict test for fair use so that creators are fairly compensated for their work. <blockquote>

Bottom line, it sounds like the Liberals are planning on also changing copyright laws so that they are more strict.  While their track record (what we mentioned in our Liberal platform review) suggests that they want to increase exceptions, that seems to be the only highlight of their position as they sound like they are merely going along with what foreign corporations want copyright laws to be from the sounds of things. 

The NDP simply had this to say:

<blockquote>If elected, Jack Layton and the New Democrat team are committed to introducing legislation to modernize Canada’s copyright regime within 12 months of taking office.</blockquote>

The parties were then asked, "What types of amendments do you intend to put forward? "

The Bloc's response:

<blockquote>Copyright law does not take into account the impact of new technologies, including the advent of the internet, and must be changed as quickly as possible. All work deserves proper compensation, so it is essential that artists and creators receive their dues, while also ensuring that consumers benefit from access to creative products.

Illegal downloading is detrimental to artists, who receive no fair compensation for their works, while internet service providers are able to benefit financially from their labour.

Introduced in June 2010 by the Conservatives, Bill C-32 fails to make ISPs responsible and is satisfied with attacking the consumers who pay ISPs for internet access. </blockquote>

This appears to be repeating what they said earlier in their platform about making ISPs liable for copyright infringement.  It also seems to reaffirm that they are merely going to toe the viewpoint of foreign multi-national corporations.

The Green parties response was rather surprising:

<blockquote>
The Green Party believes that Bill C-32 needs more work and that the educational exceptions in particular disrespect creators and threatens their livelihoods and businesses. The Green Party of Canada is committed to working with the CCA and all the relevant stakeholders to modernize our outdated copyright system.</blockquote>

I don't understand exactly how the educational exceptions in Bill C-32 disrespected creators.  It locked down art whenever there was a DRM present, thus restricting what educators could do with material for educational purposes.  I personally find this response puzzling.

The NDP was more open to fair dealing:

<blockquote>We would begin by addressing issues including private copying, fair dealing, and the regime governing statutory damages, among others.</blockquote>

The next question was this: "Which elements of Bill C-32 will your party keep, and which elements of the bill  will your party remove or change in a new bill to modernize the Copyright Act?"

The Bloc responded:

<blockquote>The Bloc Québécois will ensure that the new bill is fair to both creators and consumers. This balance must be achieved, most notably through: an upgraded system for private copying, applying to mp3 players and other digital music players; reasonable royalties to artists for redistribution of their works; the abolition of the education exemption and fair recognition of the resale rights of visual artists.</blockquote>

They went on to re-iterate that they want to make ISPs liable for copyright infringement.

The Green Party had an interesting response:

<blockquote>The Green Party of Canada strongly supports artists' rights to guaranteed fair compensation through fair patent and copyright laws. At the same time, we consider the digital lock provision in Bill C-32 to be excessively restrictive in that

it will not allow students and journalists to properly create and conduct research.

We will work with the CCA and other stakeholders to sharpen the definition of "educational uses" to find the right balance to give researchers this ability in a manner consistent with a thriving information commons, fair dealing principles, and moral rights.</blockquote>

This seems to be similar to the Liberals position on the DRM exceptions that they are far too strict and, essentially, choke off certain kinds of innovation legally speaking.

The NDP had a very specific response:

<blockquote>In reviewing Bill C-32, New Democrats would closely examine a number of key issues contained in the proposed legislation, including (but not limited to) ISP liability, Technological Protection Measures (TPMs, or so-called “digital locks”), statutory damages, private copying and reproduction for private purposes, broadcast mechanical licensing and fair dealing.

In order to arrive at an equilibrium between the interests of rights-holders and those of consumers, New Democrats would likely begin developing new copyright laws, beginning by consulting widely with stakeholder groups with the aim of creating a legislation that is – unlike C-32 – truly technology-neutral, balanced and flexible enough to ensure its adaptability to new platforms and technologies in the years to come. We would also determine definitively Canada’s obligations as a signatory to various international treaties governing copyright and intellectual property. </blockquote>

While they are glossing over a lot of subjects, they are, at least, recognizing that these issues do matter to them.

If you would like to see the full responses and questions in these and other topics, you can check out the <a href=http://ccarts.ca/en/advocacy/bulletins/2011/1611.htm target=_blank>CCA website</a>.

So, if ACTRA is hoping to find a political party that explicitly says they'll support a three strikes law, well, it's clear that this policy isn't exactly on the minds of the political parties judging by these responses.  The closest mention of three strikes is the mention of CETA.  That was the Green party and they explicitly said that such an agreement was a bad idea.

What is noticeable in these responses is how some parties (namely the Liberals and the Bloc) seem to be more warm to the idea of a more DMCA-style approach to copyright. The Bloc went further by saying that ISPs should be liable for copyright infringement.  While I personally fully disagree with this policy because ISPs are used for way more than accessing music, they seem to have been very consistent on this position.  The NDP appear to at least recognize the complexities of copyright the most with mentioning not just TPMs and fair dealing, but statutory damages and ISP liability as well.

Overall, these are very interesting comments given that sometimes, the party platforms were vague at times.  Some of these responses really did clarify the party positions on these issues.  I think that the NDP further clarified their positions the most while the Bloc merely reaffirmed their positions.  The other parties were somewhere in between reaffirming their positions and clarifying the points they made in their platform.

Does these positions change your vote?  Which party do you think had the position that reflects your stance on copyright the most?  Are all of the issues that are of concern to you being addressed so far in this election? 

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>.]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93234/canadian-political-parties-clarify-their-positions-on-copyright/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
		</item>
		<item>
		<title>Canada’s Election: A Review of the Bloc Platform on Digital Issues</title>
		<link>http://www.zeropaid.com/news/93121/canada%e2%80%99s-election-a-review-of-the-bloc-platform-on-digital-issues/</link>
		<comments>http://www.zeropaid.com/news/93121/canada%e2%80%99s-election-a-review-of-the-bloc-platform-on-digital-issues/#comments</comments>
		<pubDate>Sun, 17 Apr 2011 22:17:19 +0000</pubDate>
		<dc:creator>Drew Wilson</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Bloc Québécois]]></category>
		<category><![CDATA[canada]]></category>
		<category><![CDATA[copyright]]></category>
		<category><![CDATA[election]]></category>
		<category><![CDATA[isp]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[politics]]></category>
		<category><![CDATA[poltiical]]></category>
		<category><![CDATA[review]]></category>

		<guid isPermaLink="false">http://www.zeropaid.com/?p=93121</guid>
		<description><![CDATA[<p><img width="185" height="200" src="http://www.zeropaid.com/wp-content/uploads/2011/04/Bloc_Quebecois_logo_crop-185x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="Bloc_Quebecois_logo_crop" title="Bloc_Quebecois_logo_crop" /></p><h3>We continue our platform election review on the Bloc Québécois party platform.  As always, we are focusing specifically on copyright and privacy related issues.</h3>

We've already reviewed the <a href=http://www.zeropaid.com/news/93112/canadas-election-a-review-of-the-conservative-platform-on-digital-issues/ target=_blank>Conservative</a> and <a href=http://www.zeropaid.com/news/93117/canada%e2%80%99s-election-a-review-of-the-liberal-platform-on-digital-issues/ target=_blank>Liberal</a> party platforms, so now we turn our attention to Bloc  Québécois.  At this point, I'd like to remind everyone that we are only looking at digital issues, so we are setting asside the issue of separation.

Unlike other parties, we do have a bit of a language barrier to overcome since their party platform is in French.  Finding and reading this platform wasn't exactly easy.  To get the platform, you go to the <a href=http://www.blocquebecois.org/accueil.aspx target=_blank>website</a> and click on the link that says Platforme Électorale on the left column of the website.  After that, you click on the "Télécharger la plateforme électorale" link in the new light box that appears.  Clicking on the link will allow you to save the PDF.

We will be using Google translate to get a general idea of what is being said in the platform.

<strong>The Bloc Platform</strong>

The issues of copyright can be found on page 42:

<blockquote>The Law on copyright does not take into account the impact of new technologies, the arrival of the Internet, and must be changed as soon as possible. Any work worthy wages, it is necessary for creative and creators can receive their due, while ensuring that consumers benefit from this new source of access to creation.</blockquote>

There certainly is some similarities between the Liberal and Bloc position in that it's difficult to tell whether their position is in favour of foreign record labels and movie studios or in favour of Canadian and Quebec interests.  On the one hand, they seem to be repeating the propaganda of foreign interests while at the same time saying that consumers interests must be heard.  So, hard to pin-point a position on that.

Unlike the Liberals, though, the Bloc goes further:

<blockquote>Currently, illegal downloading is wrong artists, who receive nothing for their creations, while the ISPs are the only ones to receive the fruit of work of others.</blockquote>

This suggests that ISPs are the only people who are benefiting from music found online.  I'd say that nothing could b further from the truth because, I, as an artist, wouldn't have anyone able to hear my music without the internet.  I, as a creator, benefit from having a new medium to show off my work.  Without the internet, I can say that very few, if any, would even be hearing my music.  So, on the perspective of an artist, I flatly disagree with this assertion.

The Bloc discusses Bill C-32 as well:

<blockquote>Bill C-32, introduced in June 2010 by the Conservatives, not only empowers industry and is limited to addressing the consumers who pay for it yet they Internet access.</blockquote>

Just reading this kind of gives me the impression that the Bloc really didn't read too much in to Bill C-32 given that it is overly general about C-32 in its description.

In the 3.2.3 section on the same page, the Bloc says the following:

<blockquote>The Bloc Québécois will ensure that the new Act on copyright and fair disadvantage or not the creators or consumers, including an upgraded system of private copying by applying MP3 players and other portable digital players reasonable royalties to artists in redistribution, by abolishing the exemption of world of education with respect to payments of royalties, and recognizing the resale right for visual artists.</blockquote>

So, they want to remove any exception in copyright for educational institutions that are already cash-strapped as it is - especially to things like royalty hikes by Access Copyright which is its own can of worms.  That comment alone sort of make it sounds like the Bloc are the mouth piece of Access Copyright which has no interest in siding with consumers in the slightest.

In addition, they seem to want to remove re-sale rights from consumers and hand it over to rights holders instead.  If I buy a CD, find out that I don't like the music on that CD, what gives rights holders the right to say I'm not allowed to re-sell that CD?  I paid for that piece of plastic, what's the difference between re-selling that CD and re-selling a child's toy once it's outlived its usefulness?

It gets even worse:

<blockquote>The Bloc Québécois is committed to fostering a formula requiring service providers Internet to pay a fee to a fund used to pay the creators Quebec injured by the illegal downloading of artistic products.</blockquote>

So, in other words, they want ISPs to pay a levy and funnel the money to rights holders.  This is nothing short of double-dipping.  If I were to go online while paying the hiked fees of access because of this levy, then go on eMusic and pay for music, why am I paying the artist twice for the same service?  It's like I have to pay money to artists to drive to and from a music store just so I can pay for the music once I'm there.  It's completely unfair for consumers.

After an long search, we were unable to find any reference to Lawful Access and privacy.  Whether it was because it was lost in translation in the 195 page document, or that it wasn't really covered is unclear.

<strong>Overall Impression</strong>

This is well and truly a good news and bad news case.  The good news is that the Bloc is way more direct with their policies, the bad news is that it's not in the interest of Quebec or Canada.  They seem to take an anti-consumer approach by simply listening to foreign corporations and running with it.  Their track record on copyright isn't much better either.  In 2008, the Bloc made some criticisms of Bill C-61 (one of the bills widely known as the Canadian DMCA) - and those criticisms were that the <a href=http://www.zeropaid.com/news/9615/canada__bloc_leader_wants_isps_liable_for_copyright_infringement/ target=_blank>didn't go far enough</a>. They argued that ISPs should be liable for copyright infringement.  This position is reflected in the platform which means that their position has hardly changed since 2008.

I don't live in Quebec, so I wouldn't be able to vote for or against them.  However, should I have had that opportunity and if the election were based on these issues alone, I'd definitely vote against it.  For a party that prides itself for being solely in the interest of Quebec, they sure seem to take an anti-Quebec approach with respect to copyright.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>. ]]></description>
			<content:encoded><![CDATA[<p><img width="185" height="200" src="http://www.zeropaid.com/wp-content/uploads/2011/04/Bloc_Quebecois_logo_crop-185x200.jpg" class="attachment-post-thumbnail wp-post-image" alt="Bloc_Quebecois_logo_crop" title="Bloc_Quebecois_logo_crop" /></p><h3>We continue our platform election review on the Bloc Québécois party platform.  As always, we are focusing specifically on copyright and privacy related issues.</h3>

We've already reviewed the <a href=http://www.zeropaid.com/news/93112/canadas-election-a-review-of-the-conservative-platform-on-digital-issues/ target=_blank>Conservative</a> and <a href=http://www.zeropaid.com/news/93117/canada%e2%80%99s-election-a-review-of-the-liberal-platform-on-digital-issues/ target=_blank>Liberal</a> party platforms, so now we turn our attention to Bloc  Québécois.  At this point, I'd like to remind everyone that we are only looking at digital issues, so we are setting asside the issue of separation.

Unlike other parties, we do have a bit of a language barrier to overcome since their party platform is in French.  Finding and reading this platform wasn't exactly easy.  To get the platform, you go to the <a href=http://www.blocquebecois.org/accueil.aspx target=_blank>website</a> and click on the link that says Platforme Électorale on the left column of the website.  After that, you click on the "Télécharger la plateforme électorale" link in the new light box that appears.  Clicking on the link will allow you to save the PDF.

We will be using Google translate to get a general idea of what is being said in the platform.

<strong>The Bloc Platform</strong>

The issues of copyright can be found on page 42:

<blockquote>The Law on copyright does not take into account the impact of new technologies, the arrival of the Internet, and must be changed as soon as possible. Any work worthy wages, it is necessary for creative and creators can receive their due, while ensuring that consumers benefit from this new source of access to creation.</blockquote>

There certainly is some similarities between the Liberal and Bloc position in that it's difficult to tell whether their position is in favour of foreign record labels and movie studios or in favour of Canadian and Quebec interests.  On the one hand, they seem to be repeating the propaganda of foreign interests while at the same time saying that consumers interests must be heard.  So, hard to pin-point a position on that.

Unlike the Liberals, though, the Bloc goes further:

<blockquote>Currently, illegal downloading is wrong artists, who receive nothing for their creations, while the ISPs are the only ones to receive the fruit of work of others.</blockquote>

This suggests that ISPs are the only people who are benefiting from music found online.  I'd say that nothing could b further from the truth because, I, as an artist, wouldn't have anyone able to hear my music without the internet.  I, as a creator, benefit from having a new medium to show off my work.  Without the internet, I can say that very few, if any, would even be hearing my music.  So, on the perspective of an artist, I flatly disagree with this assertion.

The Bloc discusses Bill C-32 as well:

<blockquote>Bill C-32, introduced in June 2010 by the Conservatives, not only empowers industry and is limited to addressing the consumers who pay for it yet they Internet access.</blockquote>

Just reading this kind of gives me the impression that the Bloc really didn't read too much in to Bill C-32 given that it is overly general about C-32 in its description.

In the 3.2.3 section on the same page, the Bloc says the following:

<blockquote>The Bloc Québécois will ensure that the new Act on copyright and fair disadvantage or not the creators or consumers, including an upgraded system of private copying by applying MP3 players and other portable digital players reasonable royalties to artists in redistribution, by abolishing the exemption of world of education with respect to payments of royalties, and recognizing the resale right for visual artists.</blockquote>

So, they want to remove any exception in copyright for educational institutions that are already cash-strapped as it is - especially to things like royalty hikes by Access Copyright which is its own can of worms.  That comment alone sort of make it sounds like the Bloc are the mouth piece of Access Copyright which has no interest in siding with consumers in the slightest.

In addition, they seem to want to remove re-sale rights from consumers and hand it over to rights holders instead.  If I buy a CD, find out that I don't like the music on that CD, what gives rights holders the right to say I'm not allowed to re-sell that CD?  I paid for that piece of plastic, what's the difference between re-selling that CD and re-selling a child's toy once it's outlived its usefulness?

It gets even worse:

<blockquote>The Bloc Québécois is committed to fostering a formula requiring service providers Internet to pay a fee to a fund used to pay the creators Quebec injured by the illegal downloading of artistic products.</blockquote>

So, in other words, they want ISPs to pay a levy and funnel the money to rights holders.  This is nothing short of double-dipping.  If I were to go online while paying the hiked fees of access because of this levy, then go on eMusic and pay for music, why am I paying the artist twice for the same service?  It's like I have to pay money to artists to drive to and from a music store just so I can pay for the music once I'm there.  It's completely unfair for consumers.

After an long search, we were unable to find any reference to Lawful Access and privacy.  Whether it was because it was lost in translation in the 195 page document, or that it wasn't really covered is unclear.

<strong>Overall Impression</strong>

This is well and truly a good news and bad news case.  The good news is that the Bloc is way more direct with their policies, the bad news is that it's not in the interest of Quebec or Canada.  They seem to take an anti-consumer approach by simply listening to foreign corporations and running with it.  Their track record on copyright isn't much better either.  In 2008, the Bloc made some criticisms of Bill C-61 (one of the bills widely known as the Canadian DMCA) - and those criticisms were that the <a href=http://www.zeropaid.com/news/9615/canada__bloc_leader_wants_isps_liable_for_copyright_infringement/ target=_blank>didn't go far enough</a>. They argued that ISPs should be liable for copyright infringement.  This position is reflected in the platform which means that their position has hardly changed since 2008.

I don't live in Quebec, so I wouldn't be able to vote for or against them.  However, should I have had that opportunity and if the election were based on these issues alone, I'd definitely vote against it.  For a party that prides itself for being solely in the interest of Quebec, they sure seem to take an anti-Quebec approach with respect to copyright.

Have a tip?  Want to contact the author?  You can do so by sending a PM via the <a href="http://www.zeropaid.com/bbs/" target="_blank">forums</a> or via e-mail at <em>drew@zeropaid.com</em>. ]]></content:encoded>
			<wfw:commentRss>http://www.zeropaid.com/news/93121/canada%e2%80%99s-election-a-review-of-the-bloc-platform-on-digital-issues/feed/</wfw:commentRss>
		<slash:comments>5</slash:comments>
		</item>
	</channel>
</rss>

<!-- Performance optimized by W3 Total Cache. Learn more: http://www.w3-edge.com/wordpress-plugins/

Page Caching using disk: enhanced (User agent is rejected)

Served from: www.zeropaid.com @ 2012-02-13 02:26:10 -->
