ISP-Content Industry “Graduated Response” Anti-Piracy Program Begins July 1
The tech industry scored big when the controversial Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA) were essentially killed earlier this year, but the demise of these shoddy legislative initiatives was not accompanied by the demise of online piracy. The problem still exists, and many tech insiders expect further legislation will come up, likely after the 2012 election. Meanwhile, law enforcement and the content and Internet industries will continue to take matters into their own hands to stop online piracy as best as they can. On March 14, CNET reported that several large ISPs (Comcast, Cablevision, Verizon, Time Warner Cable, and others) will roll out their own anti-piracy measures starting on July 1, 2012.
CNET explained that these programs have been in the pipeline for at least a year, but since they were initially announced, “the ISPs have been very quiet about their antipiracy measures.” The quiet period apparently ended last week at the Association of American Publishers’ annual meeting in New York with an announcement by Cary Sherman, ceo of the Recording Industry Association of America (RIAA). The anti-piracy programs will be based on a “graduated response” system, where suspected infringers will be notified several times that they are venturing into illegal activity. “If the customer doesn’t stop, the ISP is then asked to send out ‘confirmation notices’ asking that they confirm they have received the notice. At that time, the accused customer will also be informed of the risks they incur if they don’t stop pirating material. If the customer is flagged for pirating again, the ISP can then ratchet up the pressure,” CNET explained. Possible penalties include throttling and suspending service, but “not one of the service providers has agreed to permanently terminate service.”
The ISPs’ efforts are supported by the RIAA and the Motion Picture Association of America (MPAA), who also strongly supported SOPA and PIPA much to the chagrin of most of the tech industry (ISPs were generally mum on SOPA/PIPA, possibly because some of the biggest names were already in the process of designing their own anti-piracy efforts without overarching legislation). According to CNET, the content associations and ISPs have been working together on anti-piracy efforts for a long time with support of the government, which contributed to RIAA and MPAA believing “they had the momentum to get antipiracy legislation passed in Congress.” CNET adds, “They were wrong, of course.”
Supporters of the ISP-as-traffic-cop programs “say this could become the most effective antipiracy program ever,” because “network providers are in the best position to fight against illegal file sharing.” This statement naturally brings up several questions, most notably why exactly it should be an ISP’s responsibility to protect copyrighted property of which it has no specific financial ties to, just because it is technically in a position to do so.
There are also questions about whether small ISPs will jump onboard. A DailyTech article explains, “Of course not all ISPs are likely onboard. Implementation of the scheme will likely be expensive, though it may yield a net payoff, depending on how well it works at discouraging piracy. Smaller ISPs—such as municipal Wi-Fi, small carriers, and other players—may find it infeasible to adopt similar schemes. After all, Comcast, TWC, and Verizon are some of the biggest ISPs in America.” To implement these graduated response systems, ISPs would have to develop specific databases and train staff; RIAA’s Sherman explained that “Every ISP has to do it differently depending on the architecture of its particular network.” In other words, it may take some trial and error before a truly effective solution is achieved. DailyTech also notes that the ISPs could incorrectly send notices to non-pirates, such as P2P gamers, which “could turn into a massive embarrassment;” and “lead subscribers to abandon an ISP en mass.”
It will be interesting to see if this anti-piracy initiative trickles down to small ISPs. From an RLEC perspective, the costs appear high in comparison to the benefits of becoming an Internet traffic cop.