CyberLaw Blog

Archive for December 23rd, 2008

(Via Techdirt.)

Australia’s Slippery Slope Of Censorship Gets Even Slicker With Plans To Filter Bittorrent: “It’s no secret that plenty of folks are up in arms over Australia’s plan to censor internet connections. From the beginning, it was clear that this was quite a slippery slope, and that slope appears to be getting even more slippery. A bunch of folks have sent in the news that the country’s Broadband Minister, Senator Stephen Conroy is already talking about using the system to filter and block file sharing and BitTorrent as well, falsely claiming that the technology exists to do so effectively.

It might just be something of an off-the-cuff statement, but so far Conroy and others in the Australian government appear to have been incredibly tone deaf to the complaints about the filtering system. It is worth noting that Conroy claims in a blog post that he’s monitoring the complaints on various websites and social networks — even to the point of following certain keywords on Twitter. That, at least, shows a surprising (but good) recognition of where he should be reading about the protests. Unfortunately, though, so far it doesn’t appear that any of those complaints have resonated.

(Via Techdirt.)

RIAA’s New Policy Isn’t About Deterrence, It’s About Sidestepping Due Process: “On Friday, the RIAA announced its plan to end their campaign of suing thousands of alleged downloaders; instead, it has negotiated with ISPs to disconnect subscribers who the RIAA identify as repeat infringers. From what little is known about the system, ISPs would pass along warning emails to the customers the RIAA claims are downloading copyrighted material. Following 2-3 warnings, subscribers would have their connection terminated.

Speaking to CNET on Friday, RIAA President Cary Sherman said that the tactical change was an attempt to deter would-be infringers. ‘The idea is to create deterrents. This deters people from engaging in illegal behavior.’ This is either misleading or mistaken, if the claim is that warning emails and the threat of having to switch ISPs is more of a deterrent than an incredibly expensive lawsuit. Unless the RIAA can convince ISPs to flood their subscribers with warning emails early and often, more people are likely to hear about the end of lawsuits and stop fearing potentially costly litigation or settlement.

The more likely reason for the change in approach is that the RIAA recognizes that the lawsuit approach has been an abject failure. Not only does it alienate fans, it is costly and rests on shoddy legal theories. As courts have begun to realize that IP addresses aren’t solid evidence and that ‘making available’ doesn’t constitute infringement, the RIAA has been forced to realize that their goals don’t align with thoughtful justice. So, what’s a dying industry to do? Obviously, cut out those pesky judges and their principles of due process. Although Cary Sherman insists the wrongly accused will ‘have a place to go and make their complaint,’ the lack of specificity is as worrying as the RIAA’s previous mistakes concerning their lawsuits.

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