In mid-2011, a new set of measures was introduced and agreed to by major US internet service providers (ISPs), including the likes of Comcast and Verizon. Known as the Copyright Alert System, the measures give ISPs the chance to get in contact with users who have been detected as using pirate material and essentially send them cease-and-desist requests which, if they go unacknowledged, could result in accounts being terminated and users' web access consequently suspended.
Under the new rules, there will be a system of six strikes that will, over time, cause the user to be barred from accessing the web. It essentially amounts to internet providers in my area getting in touch with users via email to alert them to the fact that they have been caught downloading or sharing copyrighted content. If the user does not acknowledge the correspondence and continues their illegal activities, the ISP will have the right to throttle their connection, block certain websites and eventually cut off the service completely if stage six of the strike system is reached.
It is significant that there is no specific measure that forces ISPs to remove certain users from the service, but it is suggested that the companies who own the copyrights for the content which has been illegally accessed might be able to step in and force the issue. If a user wants to escape punishment further down the list of strikes, then they will need to pay to initiate a process of review which could reverse the rulings. The only alternative is to take your ISP to court, which will of course generate more fees related to legal costs.
Of course, with a six-strike system it is not difficult to argue that people identified as pirates will be given more than enough opportunity to mend their ways and halt the activities which are perceived to be illegal. However, it is important to note that the efforts to combat copyright infringement will be far broader than simply targeting people who deliberately and knowingly download movies, games and music from file-sharing sites.
The ISPs are essentially being given the right to shut down the connections of people who upload videos which may contain copyrighted material to YouTube or other sites. This could include a video of your kids dancing to a Lady Gaga song at a birthday party, or a satirical clip which you have carefully constructed using portions of existing movies.
The long and the short of the argument is that ISPs are being cajoled by the government and industry bodies into clamping down on copyright infringement and content theft in a way that might be perceived as draconian. Some would claim that web access is a basic human right that should not be denied, while others would point out that most people do not understand the specifics of fair-use policies and copyright laws, thus putting them in a position from which they cannot fight back should their ISP contact them about an alleged infringement.
It appears as if matters are going to get more complicated, with measures like the Stop Online Piracy Act (SOPA) attracting a lot of attention from campaigners who are concerned that it will be used against more than just websites dedicated to piracy. While protecting the intellectual property of copyright owners is important, ISPs also need to look out for their customers.
About the Author:
Shirley Jones is a freelance content writer and she writes articles and blogs on Internet providers in my area and other internet service related technologies.