RIAA’s Anti-Piracy Trade Agreement Wishlist

Written by Ernesto on August 26, 2008 

It might not come as a surprise when we tell you that the RIAA wants to turn the Internet into a virtual police state. Still, it’s quite scary to see what their “future Internet” would look like. Let’s take a closer look at the RIAA’s suggestions for the Anti-Piracy Trade Agreement Wishlist (ACTA).

riaa actaACTA is a big deal, and the entertainment industry is doing all it can to get it implemented as soon as possible. Thus far, they have managed to convince the G8 to push the agreement, and encourage member states to get the agreement ready for implementation by the end of the year.

One of the crucial questions is how “bad” the agreement will turn out to be. We reported earlier that ACTA might allow “competent authorities” to “search iPods” without the need for a complaint from a rights holder. The most absurd ACTA suggestions we’ve seen so far come from the RIAA, with a strong focus on the liability of ISPs.

The RIAA’s wishlist was published several weeks ago, but hasn’t received much press (thanks Brokep). There are several scary suggestions in there though, and if the RIAA could have its way, the Internet would be turned into a virtual police state immediately.

Let’s highlight some of the RIAA’s suggestions regarding online copyright infringement, mostly targeted at ISPs. You can read the document in full at Keionline.

Require internet service providers and other intermediaries to employ readily available measures to inhibit infringement in instances where both legitimate and illegitimate uses were facilitated by their services, including filtering out infringing materials…

The RIAA wants Internet providers to spy on the files that are transferred by their customers and check them against a reference database of “fingerprints” to check whether the files are infringing copyright. The IFPI, RIAA’s international counterpart tried to convince European lawmakers to do the same a few months ago.

Require Internet service providers or other intermediaries to restrict or terminate access to their systems with respect to repeat infringers.

Many countries have looked into the possibility of disconnecting file-sharers from the Internet, often gently pushed by anti-piracy lobbyists. France was the first to present their idiotic “3-strikes” law earlier this year, allowing anti-piracy outfits to police the Internet. The RIAA wants to see such legislation implemented worldwide of course.

“Establish, adequately fund and provide training for a computer crimes investigatory unit.”

A crime unit to track down and bust pirates, sounds like a great idea. The RIAA is vague about what such a unit is supposed to do as they already send thousands of takedown notices a year themselves, even to network printers. Perhaps they will use the funding and education to come up with harvesting techniques that actually work?

Establish liability against internet service providers who, upon receiving notices of infringement from content provides via e­mail, or by telephone in cases of pre-release materials or in other exigent circumstances, fail to remove the infringing content…

It gets even worse for ISPs. The RIAA wants to hold them responsible for the alleged copyright infringements of their customers. They even came up with a 24hour deadline. It’s interesting to see that they focus on pre-release material, the same strategy the IFPI and BPI used to take down OiNK.

…in the absence of proof to the contrary, an Internet service provider shall be considered as knowing that the content it stores is infringing or illegal, and thus subject to liability for copyright infringement…

Guilty until proven innocent, that makes sense. Of course, ISPs should know what files their customers store. The RIAA wants to ditch the “safe harbor” the DCMA created, making them responsible for the copyright infringement of their customers.

There is much more, but we suggest everyone reads the entire list of suggestions, it is entertaining and scary at the same time. Let’s hope that the politicians who are drafting the agreement will use their brains, instead of blindly accepting such proposals.

Previously: Acoustic Band ‘Utterly Depends’ on Piracy

Next: Latvia’s Largest BitTorrent Tracker Shutdown, Admins Arrested

70 Responses

1 Aug 26, 2008 at 23:04 by ...

Lets put it this way.. if this crap passes, that will be my last straw with this fucking system.

If you dont understand what im implying.. the internet is the last free world I have left.. without it.. I will make the system around me suffer.

..Very Dearly..

2 Aug 26, 2008 at 23:11 by HeartBug

If politician says “Yes”, means may be. If says “may be”, means “No” and if says “No”, means he is not politician. So, we strike and politicians say us Yes, what will happen? He will get votes to finger us more.

3 Aug 26, 2008 at 23:14 by MeH...

This sort of law would make people hack wireless systems down to a tee! So what is the point of this law? People can just hope onto a wireless network and there you go, it wasnt the owner of the internet subscription who actually should get sued…

But hey, its American organisation, will they be allowed to Rule the internet waves?

MeH…

4 Aug 26, 2008 at 23:15 by ada

it is actually quite scary and fullblown idiotic sometimes. this goes well beyond normal intelligent reasoning of any normal smart person. i hope they just shut down the riaa and the ifpi. why does anyone fail to file a lawsuit against their working methods? everybody knows theire doing illegal things…

whoohoo first^^

5 Aug 26, 2008 at 23:18 by Drugs

It’s amazing that governments would even consider such a communist idea. What is the world coming to?

6 Aug 26, 2008 at 23:21 by 6

lol Kjarrval <3

7 Aug 26, 2008 at 23:25 by Simple

Any politician who supports these nut jobs MUST be exposed and ridiculed to submission. Ones a politician sees himself/herself losing votes he/she will do a 360 on his/her position.

The avg Joe’s will join us once they’re told they cannot download the latest Saulja boy song.

8 Aug 26, 2008 at 23:30 by @5

you seem to have Communism confused with Fascism. o.0

9 Aug 26, 2008 at 23:55 by [^Ble^]

kjarrval er PERRI

10 Aug 27, 2008 at 00:00 by #YLS#

This is like a pop star asking for a 1000 red roses in there dressing room because they should… It’s insane, why should the RIAA or any organisation be allowed to control communication systems, let alone one that is technically a ‘free’ resource.

It’s comming to the point that a NET 2.0 is needed, one that works between the TCP/IP layer and application layer to allow encryption for all traffic.

What will people do, spend money on music, tracks, gigs & t-shirts… or buy a VPN subscription so not only can they download, but have no fears that there ISP is keeping an eye on all that they do. I know personally which is more value for money.

11 Aug 27, 2008 at 00:03 by Feruken

Looks like the RIAA is just tired of doing their job and failing and want the easiest ways possible to catch file sharers.

It’s our money our right to share what we buy. They should stop trying to make themselves seem like the gods of this world.

12 Aug 27, 2008 at 00:10 by Grim

I can’t help but laugh at their proposals… But I can’t really laugh at how damn moronic politicians are at a time like this to even agree with these kinds of people.

Governments trying to end oppression but are trigger happy with something like this… I hope they get ousted out of government. It will ruin companies… Not benefit them.

Well done RIAA

13 Aug 27, 2008 at 00:12 by Anonymouse

@ 6:

“Do a 360 on their position”? I’m sorry, but you’re basically saying that they’d do some circle-jerking before going back to supporting their current position. I think you mean “do a 180″.

14 Aug 27, 2008 at 00:13 by Anonymous

someone care to explain how Cary Sherman is still alive?

15 Aug 27, 2008 at 00:30 by RIAAtarded

They can pound sand….I tell you what wishlist are for santa. You can’t give proper proof on infringement now. Holding an ISP responsible for traffic or users for there wifi connection is impossible.It’s like holding me responsible for the guy who breaks into my house and steal my gun only to use it in a crime. What is worse is according to this pile or fertilizer I have to prove I didn’t do it rather then you proving I did. Every court I’ve been in the burden of proof is on the party bringing the action against you not the other way around. I seriously hope whatever court you find this circus in front of charges you with abuse of process.

16 Aug 27, 2008 at 00:35 by Hmmm

http://deano-baby-g13.co.uk Check it out …

17 Aug 27, 2008 at 00:59 by SmeeAgain

Wait, why is Torrentreactor listed as a reported attack site on Google and in Firefox?

18 Aug 27, 2008 at 01:10 by cdefgab

I wouldn’t worry about it. The harder they bring it, the harder the retaliation will be. The faster they bring it, the faster it ends and we can all move on to things new and improved.

19 Aug 27, 2008 at 01:33 by Anonymous

@14
It’s like holding me responsible for the guy who breaks into my house and steal my gun only to use it in a crime.

Well it is your fault if you didn’t keep the gun in a safe, so it’s also your fault that you didn’t adequately secure your wireless AP. I’m not for this bullshit, I’m just pointing out a flaw in your analogy

20 Aug 27, 2008 at 01:34 by Zeke129

Damn Canadian conservative government. The liberals would have wiped their ass with this trade agreement. I’m getting sick of our government bending to the will of the Americans.

If this passes I’m moving to Sweden.

21 Aug 27, 2008 at 02:03 by Mr.Afghanistan

LoooooooooooL
I can’t stop laughing.

It’s impossible, maybe this is possible in the USA, not in Russia.

Russia will never accept such a stupid SH*Ts specially from THE USA LoL.

RUSSIA HEADLINE: WE HATE THE USA ! ! !

22 Aug 27, 2008 at 02:41 by Anonymous

“It’s amazing that governments would even consider such a communist idea.”

How is this communist? Or do you think that communist is a word that means “something I don’t like”? :)

This is very scary. The things these people want to do! It’s absurd and makes me literally not want to buy any RIAA music and MPAA movies at all. I would be supporting their dream of further killing any freedom we just happen to have left.

23 Aug 27, 2008 at 02:44 by IATSE

Gotta love Russia :)

@ 19 - Stay in Canada. Remember Sweden has that pesky thing with phone/internet wiretaps without a court order going on.

Dude, we’ll move to Russia! LOL

24 Aug 27, 2008 at 03:01 by Russia!!?

LOL, ya, lot of rights in Russia. not to mention half of europe they are about to try to conquer.

25 Aug 27, 2008 at 03:20 by Anonymous

“@ 19 - Stay in Canada. Remember Sweden has that pesky thing with phone/internet wiretaps without a court order going on.”

Yeah, but Canada is beside the U.S. and their internet surely goes through them where it is certainly wiretapped.

“LOL, ya, lot of rights in Russia. not to mention half of europe they are about to try to conquer.”

Huh? And you’re probably one of those people that think will talk about “Russian aggression” when referring to the South Ossetian war, without realizing that it was Georgia that attacked the South Ossetian capital.

Poland doesn’t want American missiles, either :)

26 Aug 27, 2008 at 03:30 by Theif

new torrent search site

http://www.p2p.releasepirate.com/

27 Aug 27, 2008 at 03:56 by Anonymous

if anyone ever tells me they’re going to search my iPod for “pirated” music, I’ll tell they can search it but it’s stupid. There’s far more dangerous crimes than pirating music, besides, I BUY my music for my iPod, and it’s not their business what I listen to. They can’t tell the difference between an MP3 file and an AAC file because you can fix the info to make it look like you bought it anyway. There goes privacy and freedom. Stupid MPAA and RIAA.

28 Aug 27, 2008 at 04:28 by WTF

I feel sorry for my neighbors with un secured wi-fi…

and ban #15 that moron is spamming every site imaginable with his craptacular BT site.

WTF

29 Aug 27, 2008 at 04:29 by jack

They can search my ipod right after I stick between my twig and berry’s

J.

30 Aug 27, 2008 at 04:57 by Anonymous

haha reminds me of letters I wrote when I was a kid that never came true it started with something like

Dear Santa,

I want ….

31 Aug 27, 2008 at 05:05 by Anonymous

of course this isn’t going to pass, law enforcement officials cannot perform a search or seizure without a warrant and I dare them to try and get a warrant for an iPod. there’s no way in hell this will even make it to a final draft.

copyright infringement is a civil case, not a criminal offense, and this is just the RIAA trying to make it the latter.

32 Aug 27, 2008 at 05:28 by Johnny Mac

USA leads the world in agression AND illegal wiretaps… I also love the fact that the Olympic announcers (for the USA) degraded China for putting some protestors in jail and the US just pepper sprayed and abused about three hundred that were expressing their “right” of free speech or freedom of expression/protests … This is dark times my friends

33 Aug 27, 2008 at 05:32 by Johnny Slash

Hey # 30 .. have you been paying attention to the news lately? Unwarranted wiretaps are totally allowed on EVERYBODY…Try flying a plane with you laptop and it will be confiscated and checked for illegal material ..This is WITHOUT A WARRANT…. I would love to see you fight a cop that wants to check your IPOD … U give one bit of attitude and BANG you are DOWN…

Oh yeah.. I do live in the USA

34 Aug 27, 2008 at 06:19 by annoyance

U nexceptionable
S tupid
A ssholes

35 Aug 27, 2008 at 06:21 by Dingo_RG

USA, really a shit of country…

36 Aug 27, 2008 at 07:14 by Anonymous

F*ck Russia, F*ck China. Your both the same to me……

37 Aug 27, 2008 at 07:36 by Hulk

Ars has an interesting article about the shut-down of Muxtape by the RIAA and how it backfired

http://arstechnica.com/news.ars/post/20080826-opentape-invites-riaa-to-play-whack-a-mole-post-muxtape.html

So get the opentape source while it’s hot (and before RIAA may close it down).

38 Aug 27, 2008 at 08:08 by Rekrul

“Let’s hope that the politicians who are drafting the agreement will use their brains, instead of blindly accepting such proposals.”

Did you really use the words “politicians” and “brains” in the same sentence???

39 Aug 27, 2008 at 08:18 by diyadokeon

Interesting. Now, this proposal puts the **AA (entertainment industry) not just against ordinary individuals but also other businesses (ISPs). If they go too far they might see some unexpectedly… organized retaliation from those.

40 Aug 27, 2008 at 08:30 by Anonymous

Instead of selling music to the industry, musicians should make their money by releasing it for free, waiting for the recording industry to download it while browsing potential artists to exploit, then sueing them blind for infringement.

41 Aug 27, 2008 at 09:12 by same answer as usual

Boycotting majors (music and movies) since 1999 here.

Just go independent. Cds are cheaper, movies are more clever, nothing is binary (evil vs good is for when someone’s 5 yo) and so on…

And of course : USA is the earth’s shithole. Only rednecks and psychopaths there…

42 Aug 27, 2008 at 10:06 by uha1.com

hacking wireless tools
yaaaaaaa
tested tried an true.

43 Aug 27, 2008 at 10:17 by Serbian

I’m glad I don’t live in the U.S.

In Serbia, piracy is practically legal. While not technically, most ISP’s embrace the idea of piracy. My ISP, Verat.net, points out in their product description for ADSL that they allow unlimited p2p and don’t filter ports.

44 Aug 27, 2008 at 10:24 by Anonymous

@39 THAT would be hilarious if it worked even once.

45 Aug 27, 2008 at 10:33 by r3loaded

@#32 Johnny Slash

You Americans have guns though, don’t you? That said, shooting a cop for trying to search your iPod is a little overkill, but you never know….

46 Aug 27, 2008 at 10:46 by da_game_06

rofl not this crap again!! @43 hahah in bosnia, croatia, and serbia everything is legal… My buddy drove a car on the street cops talked to him a bit (knew he was 13) and let him go, that was in bosnia like a year ago- im thinking i should move back there :D

47 Aug 27, 2008 at 12:44 by Torrent

http://www.torrentalem.com Turkish torrent information blog

48 Aug 27, 2008 at 14:19 by .

“And of course : USA is the earth’s shithole. Only rednecks and psychopaths there…”

I never knew I was a psychopath or redneck. :|

49 Aug 27, 2008 at 14:55 by Anonymous

NET 2 could be totally free, everyone should buy fibre optic cables and hook thier buildin/house/flat up and share the end of the cable with thier neighbors.
if enough people do that you have a free non-policed superfast internet.

i think it sounds abit extreme right now but in the future when the net police kill every single site you surf on people might be up for abit of d.i.y/homebrew/freenet internet

50 Aug 27, 2008 at 15:48 by the intelligent introvert

this would make Ford and Chevrolet responsible for people speeding.

shell may get a court case for giving petrol, because of giving people access to speed, and *shock horror* not regulating their usage.

51 Aug 27, 2008 at 15:55 by #YLS#

@ 49 - Anonymous

Sadly all of us hooking up fibre is crazy it’d mean massive costs plus alot of work but if WiMax becomes more available it would be quite possible, in theory if we all just got satillite dishes and modified them for use with Wifi we could easily cover a fairly large town with one point it’s just a case of managing the loads.

It’s a project I’d love to research.

BRING ON NET 2.0!

52 Aug 27, 2008 at 17:15 by Jesse Cantu

Issues like this and those that have been brought on by the RIAA are a large worry for me. To top it all off, our elected officials are being lobbied by the RIAA/MPAA. There needs to be a new vision taken in combatting this online bullying by prospective authorities on the consumer-base. I was reading an article at theReformed ( http://thereformed.org/2008/08/27/riaa-lobbies-at-dnc/ ) by Jon Longoria which really laid out a plausible options for strategy in beating them at their own game, but really - how do we start this?

53 Aug 27, 2008 at 18:23 by Joe

@ 50

Sounds sorta like colleges. Most of them have thriving intrAnet piracy scenes. Invisible to the outside, lightning fast on the inside. When my college finally raided the people facilitating it the RIAA notices grew thirtyfold in a month.

We should have intellectual property swap nights! we could call them … lan parties.

54 Aug 27, 2008 at 18:46 by John

i think the people in the anti piracy grounps should get a fucking grip. get a real job n stop trying to piss people off by virtualy poking them, twats. anyway they wont pass the laws cos its invasion of privacy etc. or if they do be like fuck it n move to australia or some shit tis sunny and they dont have overly twatish goverments.

55 Aug 27, 2008 at 22:43 by M3tal

As the things work now, Europe might just become a part of Russia :))

Fuck the retards of RIAA!

If this passes, we won’t be playing that long at our computers, we’d just go outside and learn how to use a sniper, and kill some of our “beloved” politicians… that’s how our ancestors did…

56 Aug 28, 2008 at 00:43 by i like cake

even looking at this from a non-pirate’s viewpoint, it’s absurd to make isps responsible for the actions of pirates. this will raise costs astronomically on people’s internet connections and they will lose customers. and the guilty until proven innocent thing is stupid. and people will just move onto another method such as intranets, lan parties, usb sticks, even good old CD ripping and burning and mixtapes. all this will do is serve to stifle the internet as a whole and stifle free speech. i can see some governments actually wanting to implement this not because they care about it but as an excuse to examine everyone’s files and internet activity. but eh, they do that already. everyone is already being followed by cameras everywhere they go, if i’m going to lose all my goddamn civil liberties at least let me have my free music.

i don’t see how the riaa can even claim they’re losing money off piracy anymore since all major labels now sign artists to 360 deals which means they get a hefty cut of concert and merch money as well as recordings are way more lucrative markets now than they ever were. ever wonder why there’s so much live music now? it’s because the record companies are making money off it when they were just using it as promotion before.

they have some fucking cheek considering how pirates are actually the most rabid music fans, and often end up spending way more money on music as a result of being able to try out more. i know i do. or it’s people who wouldn’t spend any money on music anyway cos they only listen to the radio and just want the latest #1 hit.

i think the real reason they don’t like it is because piracy means they can’t predict what’s going to be popular, and all the money they put into promotion for their star artist might be for naught when people prefer some unknown they found online. piracy facilitates smaller and smaller niche groups which get harder and harder to tap. they want everyone buying one thing in a measurable way so they can predict the next quarter’s sales accurately. they’re planners.

usa haters, please note the riaa is not the whole of the usa and it’s actually the bpi who’ve got some of these rules put through as laws in the uk, and i think the ifpi for france. america has not bowed to them yet. please stfu when a) you have most likely never even been to america you only see it on tv, and if you’re russian your government is regulating that and b) most of the music and film you are downloading is american.

57 Aug 28, 2008 at 01:40 by Anonymous

@56

You said it in that last part. Most of the haters would swallow their comments if they have been here. I think many just hate us because they either have of some twisted jelousy which they are unaware of (in their subconcious) or they think since anything big and revolutionizing comes from the US means we are a threat. Or they are just Russians brainwashed by their corrupt government.

58 Aug 28, 2008 at 05:52 by Anonymous

LOL…

“guilty until proven innocent…”

i thought the foundation of the justice sistem (especially in a democratic country) was ” innocent until prove guilty”

or did the time turn back and we are back in the Dark Ages? >.<

59 Aug 28, 2008 at 06:59 by James

Just like the ‘ol days of Pirate radio, we need Pirate internet, we need a free and open internet for the people. Corporations have just about killed off the internet now.

60 Aug 28, 2008 at 14:22 by Anonymous

@17 “Aug 27, 2008 at 00:59 by SmeeAgain

Wait, why is Torrentreactor listed as a reported attack site on Google and in Firefox?”

Well vetusware an abandonware sharing site also got reported as a harmful attack site. Yep so DOS is illegal and has viruses.

Time to turn in your old abandoned software to the police! including Pacman and Windows 3.1

61 Aug 29, 2008 at 06:10 by Haha

can’t wait for the legit hackers to strike back in response to the BS spying

62 Aug 29, 2008 at 08:20 by joeblog

LOL, so what happens to the people who actually bought the music from Itunes which are DRM free and don’t have protection.

63 Aug 29, 2008 at 08:26 by joeblog

@58

In America they have guilty until proven innocent. But in other democratic society its the other way around.

Really tells you how f’ked the country is atm. They are all been smoking too much pot.

64 Aug 29, 2008 at 12:30 by Anonymous

This is a communist idea because the RIAA will no longer have to do their job of trying to sue people, instead our tax dollars will be used to fund sections of the police to make sure the record companys and RIAAs pockets are lined with cash. Thus making the goverment do more. The idea of comunism is that the goverment takes care of its people at the cost of extremely high taxes. yay! lets raise taxes so that the RIAA can get payed and our already overfilled prison systems can be even more overfilled.. this shit will get turned down as long as we all do our part to educate people on what is really going on. they have money, if we get the numbers. We have a chance of winning. The problem is most people who use bit torrent are 16 year old kids that cant vote. I think it is important right now to make these issues known to the american people.

and to you who say “only in america” didnt it state right in the article that france was the first place to even consider having ISPs disconnect file sharers. most likely is this happens in america it will happen every where. America seems to have that effect on other countrys.. dunno why..

65 Aug 29, 2008 at 18:24 by Anonymous

What RIAA wants people to do is breaking laws. If they hadn’t made all these rules, people wouldn’t be breaking them.

Anyways, they also want ISP’s to take a part of our privacy. I think we will need some new law for who that can work for an ISP, same laws as for who is allowed to work for as police. Also, they should have police education too.

RIAA still has to prove that their proofs are real, and that they didn’t break any privacy laws to get this info, to actually sue the ISP :p But this is probably much easier for them, but on the other hand, the ISP’s has more money and can defend themselves. So RIAA would still have a really hard time.

I do not want to live in a big brother world! :(

66 Aug 29, 2008 at 22:01 by Jack Daniel

They can try to do whatever they want..In the end there is always around the system…They can’t win

67 Aug 29, 2008 at 22:22 by Anonymous

Well! If this crap pass, everything will become encrypted and anonymous. The software already exist it just need a shit like this one to become popular.

Moreover even now it is technically impossible for an ISP to filter or monitor content properly even without considering the political and constitutional aspect of it and ther is no hope for the entairtainement industry that this will change ever.

But there is another layer beyong this.

Let say the entairtainment industry manage to fuck-up internet.

Well! Welcome to the local WIFI p2p networks!

P2p software already exist that allow users not only to exchange file but also to build a new world wide network via local wifi computer to computer connection.

This type of network could easily replace internet eventualy. And guess what? It will be totally anonymous!

Talk about another disruptive technology!

If I was the ISP I would start attacking the entairtainement industry right now before they fuck up their business too after fucking up their.

Anyway the curent entairtainment industry is now ireversibly doomed by their mistakes. So what the point?

Let’s finish them up!

68 Aug 30, 2008 at 02:47 by Angry Bytes

With every electron of data on the internet I channel down and strike the evil cloaked wraiths! Burn them to ashes! Let their flesh smolder and dry!

69 Sep 01, 2008 at 14:04 by zanfr

they have got to be kidding; these fuckers have no power on the internet, none at all and yet they keep trolling to get what they can never have on a medium they apparently will never understand…

http://www.twilightcampaign.net

70 Sep 05, 2008 at 05:15 by Anonymous

Well, it’s now wonder why anyone at the RIAA never ever got laid, except by men.

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