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Posts Tagged ‘RIAA’

Anti-Counterfeiting Trade Agreement (ACTA) Highlights

Posted by Laurel L. Russwurm on February 8, 2011

ACTA logo

by Sharon Polsky
President and CEO — AM¡NAcorp.ca
National Chair — CAPAPA

ACTA is an international agreement hammered out by a handful of countries (led by the US, including Canada) that requires signatories to create civil and criminal law to give force and effect to ACTA.

ACTA is intended as a global standard to ‘protect’ against intellectual property and counterfeit products, containing very specific discussion about digital information.

The negotiating parties did NOT include:

  • India,
  • Brazil,
  • China,
  • Russia
  • or any countries known as the greatest sources of counterfeit goods.

Nor did it include any:

  • consumer rights groups,
  • human rights groups, or the
  • Information and Privacy Commissioner of Canada.

The intent to negotiate a deal was announced in late 2007. Because there’s an economic impact component to it, the US declared the draft ACTA text to be confidential as a matter of national security. A draft was circulated amongst rights-holder lobbyists (generally from the recording and motion picture industries). After three years of negotiations, the text was leaked in April of 2010. The Government of Canada released a copy of the draft in October 2010. The final text was issued in November 2010.

An unprecedented degree of secrecy for a set of copyright protection rules.

Once ACTA is approved, its member countries are expected to put pressure on their trading partners to have them join the treaty — of course, after ACTA is finalized.

The final text includes a provision for amending the agreement, and that’s viewed as a back door to get acceptance of the three strikes provision that was rejected during negotiations.

Three strikes law describes the penalty: after three allegations of inappropriate Internet use, service will be suspended for 12 months.

heavily stacked in favor of “rightsholders” at the expense of consumer human rights

Under ACTA, prosecution, remedies and penalties are acted upon based on allegations advanced by the rights holder, and all can be decided by judicial or ‘administrative’ authorities. ACTA sets out the items that can be included in calculating restitution. For instance, an alleged infringer can be ordered to reimburse the rights holder for the retail price and “lost profits” (as calculated by the rights holder), legal and court costs, etc etc. Allegedly counterfeit products must be destroyed, at the expense of the alleged infringer. If it’s ultimately found that there was no infringement, the alleged infringer can ask for damages, but no process or formula is articulated.

ACTA puts individuals in jeopardy since border officials will be compelled to carry out the injunctions obtained in other countries, even if the activity is legal in the border official’s country. Thus, ACTA empowers officials to seize medicines that are off patent in the country of production and in the countries where they are being exported to, if a company holds a patent to that medicine in any member country.

Similarly, ACTA’s border enforcement provisions empower member countries to seize and destroy exports while in transit to other countries. ACTA provides that “parties MAY exclude small quantities of goods of a non-commercial nature contained in travelers’ personal luggage”, so it still leaves it to countries to seize and inspect personal devices to determine if and how much pirated material is there; and the individual will have to bear the cost of inspection, storage, and destruction. So anyone who rips music from the CD they bought and transfers that ripped music onto their iPhone or Blackberry, and then tries to carry it through the border might not get very far. Imagine what it could do at airport screening lineups!

ACTA offers many privacy-invasive provisions, including requiring the release of information necessary to identify an alleged infringer, and any party who might be associated with that alleged infringer.

ACTA puts third parties (i.e., distributors, NGOs, public health authorities) at risk of injunctions, provisional measures, and even criminal penalties, including imprisonment and severe economic losses. This could implicate, for example, suppliers of active pharmaceutical ingredients used for producing generic medicines; distributors and retailers who stock generic medicines; NGOs who provide treatment; funders who support health programs; and drug regulatory authorities who examine medicines. The potential repercussions are expected to serve as a deterrent to being involved — directly or indirectly — in the research, production, sale and distribution of affordable generic medicines. Ascertaining the third party involvement will require inspecting digital records; and ACTA compels disclosure and international sharing of that information.

Deep Packet Inspection

Deep packet inspection of online activity will be used to identify alleged infringements. ISPs will be required to shut down alleged infringers’ Internet connections, and publicize the identity of the alleged offender amongst other ISPs.

DPI is also expected to cause ‘collateral damage’ when blameless sites at the same IP address get shut down along with the accused. DPI was approved for use by ISPs and telcos when, in August 2009, Canada’s Privacy Commissioner ruled on the Bell/Sympatico case (Case Summary #2009-010). The only limit was a recommendation Bell Canada inform customers about Deep Packet Inspection.

The Commissioner did note that “It is relatively easy to paint a picture of a network where DPI, unchecked, could be used to monitor the activities of its users.”

In January 2010, President Nicolas Sarkozy gave a speech to members of the French music and publishing industries and said that “authorities should experiment with filtering in order to automatically remove all forms of piracy from the Internet.”

France

government approved SPYware text and magnifying glass

Liberté, égalité, fraternité?

France recently passed its HADOPI “three strikes” law that targets alleged illegal Internet file-swappers. There is no no presumption of innocence in HADOPI. After a rights holder advances an allegation of infringement and gets administrative approval, the alleged infringer receives two warnings, and then gets cut off the Internet.

And there is no judicial recourse.

Under the terms of HADOPI, Internet access is only restored after the “offender” allows spyware to be installed on his/her computer, monitoring every single thing that happens on said computer, and that could also reach to the entire network (personal or corporate) that the computer is attached to.

HADOPI has been sending out notices. Initially, it sent out about 10,000 per day, with plans to ramp up to 50,000 per day. ISPs must hand over information to the government about those accused within eight days. If they don’t, hey could get fined 1,500 euros per day per IP address.

USA

A few weeks after Thanksgiving weekend in November 2010, the US Homeland Security’s Immigration and Customs Enforcement (ICE) department seized and shut down 82 domain names during “Operation In Our Sites II” without prior notice. Not all of these domains contained counterfeit products.

The web sites included a search engine and some well-known music blogs.The released partial affidavit and seizure warrant show that that the decision to seize the domains was almost exclusively dependent on what the Motion Picture Association of America said were the facts, and the MPAA’s numbers about the economic importance of the movie industry and MPAA testimony about how piracy hurts its income.

The MPAA and the Recording Industry Association of America were two of the 42 individuals and groups in the US that were given access to the draft text early on.

Canada and the International Sacrifice of Personal Privacy

Canada’s Anti Terrorism Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act in conjunction with other legislation allows governments to trade and swap Canadians’ information with around the world without our knowledge.

The PATRIOT Act does the same in the US. The UK Home Office recently resurrected the so-called ‘Super Snooper Bill’ that will allow the police and security services to track the British public’s email, text, Internet and mobile phone details. And the “Server in the Sky” global biometric database will tie it all together.

Vertical Canadian Flag

Canada’s Bill C‑52 — referred to as the “Investigating and Preventing Criminal Electronic Communications Act” — is intended “to ensure that telecommunications service providers have the capability to enable national security and law enforcement agencies to exercise their authority to intercept communications and to require telecommunications service providers to provide subscriber and other information” upon request.

No warrant necessary in Canada.

C-52 also requires the telcos and ISPs to provide the transmissions in an unencrypted form and to “comply with any prescribed confidentiality or security measures“. A gag order, in other words.

And the information to be provided is quite specific and broad: It is “any information in the service provider’s possession or control respecting the name, address, telephone number and electronic mail address of any subscriber to any of the service provider’s telecommunications services and the Internet protocol address,
mobile identification number, electronic serial number, local service provider identifier, international mobile equipment identity number, international mobile subscriber identity number and subscriber identity module card number that are associated with the subscriber’s service and equipment”.

C52 compels ISPs to spy on their customers

Under C-52, Telcos are required to have and bear the cost of the equipment necessary to comply; and the equipment can be specified by the government or enforcement agencies.

Between ACTA and other international agreements and multilateral treaties to share information it’s easy enough to circumvent the provisions of Section 8 of Canada’s Charter of Rights and Freedoms by having an agency outside of Canada do the work, and then share the results back into Canada. Canada and the US have been known to do that on occasion, typically to protect ‘national security’ or guard again ‘terrorism’.

ACTA is based on allegations and assurances of the rights holder.



Guest blogger Sharon Polsky is the President & CEO of AM¡NAcorp.ca as well as the
National Chair — CAPAPA, the Canadian Association of Professional Access and Privacy Administrators. This article provides the necessary background for the Sharon’s article “The Hidden Rationale for Usage Based Billing” scheduled to be published here in the Stop Usage Based Billing blog February 10th.

Post Script:
Internet Service Providers are in the business of providing Internet Service, and ‘deputizing’ them to spy on citizen customers is an atrocious breach of net neutrality, which I wrote about a year ago in Nutshell Net Neutrality

Looking over my blogs, I was surprised to see just how much I have actually written about ACTA shared both in this blog:

as well as on my Oh! Canada political blog:

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Talk Like A Pirate Day marred by DDoS Attacks

Posted by Laurel L. Russwurm on September 20, 2010

Boy in pirate gear looks through a spyglass

Avast mateys! Sunday September 19th was Talk Like A Pirate Day.  It’s always the 19th of September.

Kids (of all ages) around the world revel in a whole day in which they can “Talk Like A Pirate”.    Arrr.   Be a pirate.   Sing and play pirate songs like the Arrogant Worms classic pirate tune Last Saskatchewan Pirate.  Dress up in pirate gear.  There is even an online Pirate Translator for assistance with pirate talking.  It is nothing to do with politics, or copyright. The point of “Talk Like A Pirate Day” is fun. Yo ho ho.

This year, not so much.

The MPAA has been unsuccessfully trying to convince people that sharing is a bad thing by spending vast sums of money on ‘anti-piracy’ advertising. Of course it doesn’t help that they what they call piracy is not just commercial bootlegging, but includes personal use sharing and any number of things that users feel justified in doing. (Some copyright “reformers” say that we need to purchase copies of the same book for every member of the family.) Or format shifting. (Some copyright “reformers” say we should purchase copies of the same song for every device we would play it on.)

Although this campaign to make people think that piracy is terrible has been largely unsuccessful with citizen consumers, in combination with massive lobbying efforts it seems to have worked with governments. The USA passed the Digital Millenium Copyright Act (DMCA), the UK passed the Digital Economy Act (DEAct), and the Canadian government continues to push ahead in the face of almost universal opposition to it’s Canadian DMCA Bill C-32. The MPAA /RIAA has also been pushing the secret Anti-Counterfeiting Trade Agreement (ACTA) in an attempt to make an end run around WIPO, previously the way to achieve international copyright treaties. Although not perfect, at least the WIPO process was transparent. Even so, none of these laws are easy to uphold in the face of such widespread citizen dissatisfaction. The DMCA has been repeatedly amended in response to court challenges to various anti-democratic aspects over the 12+ years of its operation.

So the MPAA hired Aiplex Software to go beyond the law, and use what is called a “Distributed Denial of Service (DDoS) attack” to take down websites they allege infringe copyright. I believe this is done by overwhelming the site with traffic. I think that’s a bad thing. And apparently I’m not alone.

“Girish Kumar, managing director of Aiplex Software, a firm in India, told this website that his company, which works for the film industry, was being hired – effectively as hitmen – to launch cyber attacks on sites hosting pirated movies that don’t respond to copyright infringement notices sent to them by the film industry.”

Sydney Morning Herald: Film industry hires cyber hitmen to take down internet pirates

White Pirate Ship silhouette on one and A casette tape making the skull above crossbones for the other
Word went out that Aiplex used this tactic to take down the Pirate Bay website, which led to retaliation by the anonymous membership of the 4chan Message Boards. According to Torrent Freak,

“Following a call to arms yesterday, the masses inhabiting the anonymous 4chan boards have carried out a huge assault on a pair of anti-piracy enemies. The website of Aiplex Software, the anti-piracy outfit which has been DDoSing torrent sites recently, is currently down having been DDoS’d. They are joined in the Internet wasteland by the MPAA’s website, also currently under huge and sustained attack.”

TorrentFreak: 4chan DDoS Takes Down MPAA and Anti-Piracy Websites

I don’t know about the MPAA but I did see that the Aiplex site was indeed down yesterday. Today both are back up, as is the Pirate Bay site.

When the MPAA employs Aiplex to attack other sites, it makes the MPAA look very bad.

And the urge to retaliate is a natural human instinct. But striking back at your attacker isn’t always the best course of action. In this case, it doesn’t really help. In fact, replying in kind makes ‘pirates’ look bad.

Logo made of a purple letter P formed by a pirate sail enclosed in a circle surrounded by gold laurel leaves

Instead of talking about the great Software Freedom Day we had yesterday, people online were talking about DDoS attacks.

And suddenly it wasn’t any fun to talk like a pirate.

That’s too bad. Because raising awareness among those who might fall prey to misleading ‘piracy’ propaganda is important.

One constructive way to fight against bad law is to get involved politically. The European Union currently has two elected Pirate Party members. At this point pretty nearly every country in the world has a Pirate Party at some stage of development. (The United States has two. Coincidence? I think not.)

I believe that The Pirate Party of Canada is gearing up to register candidate(s) for the impending Federal Election, which is the last step in achieving ‘official party status’. Just the name “Pirate Party” draws attention to the issue. The point is not to engender lawlessness, but rather to fight for sane copyright reform.

Woman in Orange smoking text encircling her reads A TPB WORLD PREMIERE Die Beauty

When I went to check if Pirate Bay was down yesterday, I got a glimpse of one of the best ways to fight against the negative propaganda being peddled by the MPAA.

A new movie Die Beauty is being released on The Pirate Bay. You can check out the Die Beauty movie trailer on FaceBook (you don’t even have to log in to see this) and it looks quite interesting.

This is of course is the real reason the MPAA is so eager to shut down p2p sites like The Pirate Bay. The MPAA needs to kill or control this new distribution medium because it means that film makers don’t need a Hollywood monopoly to distribute their movies. Making effective use of this distribution channel to legally distribute movies is a far more effective way of fighting the MPAA.



[If you’re aware of any movies, videos, music, books and art that make use of or plan to use Internet p2p distribution and/or creative commons licensing please let me know so I can add them to the list I’m compiling of of the new media. Thanks! —laurel]

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Cat Joke: Making Light of A.C.T.A.

Posted by Laurel L. Russwurm on March 12, 2010

No Usage Based BillingThe following cautionary cat tale was found in one of the Pirate Party of Canada’s forums.

Pirate Party of Canada logo

Hindgrinder
Re: ACTA Task Force

3 Canadians and 1 American were sitting together watching the Mens Gold Medal Game in Vancouver bragging about how smart their cats were.

The first man was an Internet Service Provider,
the second man was a Copyright Law Professor,
the third man was a New Democrat Member of Parliment, and
the fourth man was a US Corporate Lobbyist.

To show off, the Internet Service Provider called his cat, “Broadband”, do your stuff.”

Broadband pranced over to the computer, logged in as admin and started downloading the entire internet.

Everyone agreed that was pretty smart.

But the Copyright Law Professor said his cat could do better. He called his cat and said, “Public Domain, do your stuff.”

Public Domain went over to the computer, instantly sorted all of what Broadband was downloading and printed off a fair copyright royalties due spreadsheet.

Everyone agreed that was good.

But the New Democrat M.P. said his cat could do better. He called his cat and said, “Parlimentarian, do your stuff.”

“Parlimentarian got up slowly to the computer, created a Facebook page, linked it to Broadband and Public Domain, drafted a dozen emails and bill 398, made a YouTube video meowing for transparency from ACTA cat and meowed an indian war dance song.
Everyone agreed that was pretty good.

Then the three men turned to the US Corporate Lobbyist and said, “What can your cat do?”

The US Corporate Lobbyist called his cat and said, “ACTA, do your stuff.”

ACTA jumped to his feet…….

Throttled Broadband’s torrents to a crawl and initiated a lawsuit for copyright infringement against both Broadband and Internet Service Provider……..
Scrambled Public Domains online excel sorting rules and shit on the fair royalties due spreadsheet……..
filed an inflated grievance lawsuit for RIAA lost revenue…….
bypassed due process to convict 90% of humans under 40 years old of copyright infringement……
screwed the other three cats and claimed he hurt his back while doing so…….
put in for Corporate Compensation for injury on the job in a foreign country……………and
went home for the rest of the day on paid sick leave…………

Internet Service Provider, Copyright Law Professor and N.D.P. M.P. where last seen pooling their money to buy a dog.

Geist

Angus

Of course, I’m wondering who everyone is…

Copyright Law Professor would have to be Michael Geist.

And it’s more than reasonable to assume that the N.D.P. M.P. would be the most vocal Canadian MP opponent of A.C.T.A. Charlie Angus, but who could the Internet Service Provider be?

talktalk logoIf this was the U.K., it would be talktalk, the brave ISP waging war with the dread Digital Economy Bill (the U.K.’s opening act for A.C.T.A.)

Within the joke, “ISP” couldn’t possibly be Bell Canada or Rogers, since their use of consumer monitoring tools like DPI to help run their empires clearly place them in the pro-A.C.T.A. camp.

MTSallstream logo

So if we’re going to extrapolate the casting for this joke, for Canada the ISP would have to be one of our endangered Independent ISP’s like MTS Allstream or Tek Savvy (you can find a comprehensive listing of Independent Canadian ISPs here).

pseudo FBI Warning

And the U.S. Corporate Lobbyist, well, lobbyists are faceless representatives of the business, or in this case group of businesses in back of a piece of legislation, or in this case a whole body of international legislation.

These businesses have been trying to convince the citizens of the world that we don’t own what we’ve purchased for years. They started by placing supposed FBI warnings on videotapes threatening huge fines for non-commercial infringement. Then the earliest attempts at copy protection (DRM/TPM). Followed by aggressive marketing campaigns directed at the media customer base, in attempts to demonize personal use copying.

Now, in the face of these failed attempts to change global attitudes about copyright and ownership through advertising/propaganda, the copyright lobby seeks to change the laws to force the world to follow their rules.

They’ve been pursuing this war actively on two fronts. First, by lobbying individual countries to criminalize copyright infringement. But lately, this group (dubbed by Michael Geist “The Copyright Lobby”) has gone much further, by convincing the U.S. Government to push the “Anti-Counterfeiting Trade Agreement” which seeks to force the world to change copyright law through this secret treaty on a global scale.

The “Copyright Lobby” is made up of the American led Movie and Music Corporations along with their Interested Associations and Copyright Collectives. Of course this lobby group is attempting to remain faceless. because the real victim in their nefarious activities is their customer base. This is why they are attempting to get governments to do their dirty work, particularly through secret treaties like ACTA. They have the vain belief that they won’t alienate their customers.

The copyright lobby doesn’t have a logo, precisely because the companies they represent are attempting to stay out of the public eye. It’s a thinly veiled secret that the corporation unofficially leading the fight for terrible copyright “reforms” is the same company that once had to be legally compelled to give credit to the animators, actors, writers, musicians, technicians etc. who actually created their movies. Though he hadn’t actually picked up a pencil himself in years, the corporate founder felt that the only name attached to movies made by his corporation should be his own. In those days the law disagreed.

Nearly a century later this same corporation seeks to change the laws of all the world so they can maintain control of a mouse cartoon. Which is why interested parties have created this logo (right) for A.C.T.A.

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