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“Six Strikes” Anti-Piracy Scheme Affects Some Businesses, Public WiFi Forbidden

During the coming weeks the controversial “six-strikes” anti-piracy system will start in the U.S. The initiative is aimed at educating the public, but last week we uncovered from leaked documents that it also applies to businesses. Today CCI director Jill Lesser confirms that indeed some business accounts will be affected. However, she adds that this is not going to affect café owners who offer public WiFi, as this is already prohibited in the applicable Terms of Services.

wifi-dangerA week ago TorrentFreak had the honor to reveal the full details of Verizon’s implementation of the upcoming “copyright alerts” system.

In short, the Internet provider will notify customers whose accounts are caught sharing pirated movies and music, and after four warnings these account will be temporarily throttled to 256kbps.

Besides from the details, the leaked documents also revealed that business accounts will also be subject to the copyright alert system. This means that these companies will have to prevent their employees from pirating, and makes it impossible for coffee shops to share their WiFi with customers.

Following up on this finding we asked the Center for Copyright Information (CCI), the group that’s responsible for the copyright alerts plan, whether Verizon perhaps made a mistake by applying it to business accounts. This is not the case.

CCI Executive Director Jill Lesser told TorrentFreak in a comment that most alerts will go to private customers, but that some businesses are indeed affected.

“The Copyright Alert System is targeted to residential customers, and the vast majority of alerts issued will be residential. There is a small pool of home office or home-business customers that may end up in the copyright alert system due to infrastructures in place at the member ISPs,” Lesser said.

According to the CCI this is not a problem as these companies shouldn’t let employees share copyrighted material in the first place.

“Importantly, the terms of service are essentially the same as residential accounts and if small businesses are allowing their employees to engage in copyright theft then they are violating their terms of service,” Lesser says.

The same is true for public WiFi according to Lesser, as these business accounts are already forbidden to share their Internet access with customers.

“In addition, the terms of service on such accounts do not allow them to be used to provide free WiFi or ‘hotspots’ so the hypothetical café owner offering public WiFi will not be subject to the CAS if they are following their terms of service.”

Indeed, as we look at Verizon’s business TOS we read the following:

“You may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi-Fi hotspot).”

Previously these terms were hard to monitor and enforce, but with the copyright alert system this changes.

We have no information on the number of small businesses that will be directly impacted, but expect that there are quite a few. So don’t be surprised to see the public WiFi disappear at your favorite coffee shop when the six-strikes scheme goes live.

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  • Marcus

    Thank god my third world country doesn’t give a shit about copyright. Maybe I have a crappy 350 Kbps download but it’s worth it not having a ISP breathing on myback.

    • Logan B

      Crappy 350Kbps download? If your meaning kilobits per second, then yeah I agree, crappy. But if your meaning kilobytes per second, here in NZ on public wifi, we get about 100 KBs download, average.

      PS: If, after the “six strikes”, you get throttled to 256kbps broadband, that’s like breaching your data cap here.

      • McCheezits

        You’re so lucky bro. When I breach my data cap, I either pay my ISP more money for more bandwidth, or it gets throttled down to 64 kbps, which is just faster than dialup.

        Also, on the subject of public wifi, the free Telecom Wi-Fi is quite good. Much better than I expected it would be like…

        • Andrew Lee

          Jesus Christ! That is just wrong :( Then again I’m a bandwidth whore and I’d be pissed off if my speeds were cut to 2,000kbs.

          Still the “Six Strikes” is never going to work.. They keep putting off when they should stop being pussies and just do it. I’m not for it but the sooner it happens then sooner we can rise the fuck up and end it.

        • Leonard Ratliff

          That’s what the fuck I’m talking about!

    • Guest

      Yeah sometimes living in a third world has its benefit. Authorities don’t hound you for petty offenses.

    • http://www.facebook.com/people/Gear-Mentation/100003097514663 Gear Mentation

      Would that we in the United States always got such high download speeds. In the middle of San Diego my download speed was about 100kbps, not enough to play youtube or netflix without pauses.

    • JohnGaspardo

      Worldwide multinational corporate fascism will be knocking at your door soon enough…

      • indiagrt

        dude they dont knovk on our doors bcoz our leader, police are looting the resources of our countries.. so they dont have time for MAFiAA shit….

        • JohnGaspardo

          If there is one nothing I know about those with power it’s that they can’t wait to get more power and with more power comes more abuse and with absolute power comes the abuse to match in the form of crimes against humanity. Until your in a forced labor camp. The road before they achieve the eternal subjugation they have planned so hard for is shorter than you think.

    • John j

      honestly this will almost certainly affect Verizons business, as the residential dls/cable internet has saturated to continue the growth Verizon and other carriers have been pushing wifi in cafe and such as an additional means to expand the market, tens of thousands of business accounts could and I hope will be lost as a result of applying the strike system to them.

      • Aiunu

        The problem is there isn’t anywhere else to go. I live in Chicago and the only choice I have is Comcast and ATT. And ATT is only DSL. Yes, I live in the third largest city in the USA and ATT does not provide Uverse to my part of Chicago. So it’s only DSL at 3.0 or Comcast.

  • Maxx

    Now would be an ideal time for anyone using the services of an ISP that support the 6-striked to flock elsewhere to companies that do not support them. Send them a clear message – stick your 6 stroked copyright fanboyism somewhere else.

    • Byte Master

      For a lot of US customers, there is no broadband alternative. The ISPs aren’t THAT stupid.

      • Who

        “The ISPs aren’t THAT stupid”

        wana bet?

        • Nube

          They aren’t stupid, when competition opens service is better. In the few cities where you have a choice of cable companies the results are always the same. Service is cheaper and choice is greater.

        • Who

          @Aiunu: that’s not what Ive experienced OR heard. Ive had to deal with 4-5 of the isp’s in the country and other people I know, have also reported just how stupid they are. BTW “competition” has nothing to do with how intelligent a corporation is.

        • http://profile.yahoo.com/V6MAVVVBC23RLJZLHBV3YA3ABY Rutherford

          lol, life without internet? does it exist?
          some of us have been planning for this…for years.

      • JordanKratz

        I am presently on a VPN but for those who are not I would just dump the big boy for a smaller Company.Make sure they fully Support the position of No 6 Strikes Here and use this Company.
        I have told Slime Warner 3 or 4 times already I will probably dump them because of their Support of 6 Strikes.

        And, yes think of the amount of Businesses who are going to be very angry over this.Lots of little Coffeeshops offer this and need to be able to stay alive and keep people Employed.

        Hoping I live long enough to see the Rich Fall.Would love to force some Bankers into an Arena and make them play Gladiator.Could lead to some great entertainment.
        Greedy Politician Versus Greedy Bank Owner
        Greedy ISP Owner Versus Greedy Corrupt DOJ Worker
        Greedy Wall Street Asshole Versus Greedy MPAA Member

        The possibilities for Entertainment are countless !!!

    • http://www.facebook.com/enigma69 John Wentworth

      Most people don’t have that option in the US. It’s your Telco or major cable company both who support the 6 strikes law in America.

      Want to offer free public wifi? time to send all traffic through a vpn connection to a remote server. Most businesses won’t do that, but it’s the sad truth.

      • Hondo

        I doubt Starbucks or the like will discontinue free WiFi. They may try to poison DNS and block notorious trackers, etc. If that doesn’t work they could opt for a large corp VPN account that would cost very little per store once averaged out. Much less than the lost sales due to lack of internet access.

        Training the dimwitted hipster employees how to log in might be the most difficult part.

        These draconian laws are leading to one end, ALL internet traffic will be encrypted sooner than later. The upside is VPN competition will be fierce and prices will continue to drop.

      • Nube

        Of course they’ll adapt, and pass the cost of the “free” wifi onto the customer.

  • OldBiddie

    I’m looking forward to the shitstorm fallout this is going to cause.

    • Carlton

      “In short, the Internet provider will notify customers whose accounts are caught sharing pirated movies and music…”

      Caught? You mean accused.

      Hey ISP, you better have more than just someone’s accusation — like maybe the decision of a court or arbiter — before you throttle my bandwidth, or I’ll sue you for damages. Even if I don’t collect much, you won’t like the ride.

      • http://twitter.com/sheepodoom SheepODoom

        Do what the MAFIAA does & sue them for an insane amount of money.

      • Ophelia Millais

        Check your ISP’s TOS. You probably agreed to resolve all disputes with them through arbitration. So, no lawsuits, no class actions.

        • Nube

          You can still sue them, arbitration agreements are broken all the time. Doesn’t mean you’ll win, but if you find an agreeable judge.

        • http://geekhideout.net/ The G33K

          Sorry Ophelia but class actions that are about contracts and unconscionable practices of such, and/or voidability of unlawful terms that have been changed unilaterally do not come under any form of arbitration no matter what the ISP or otherwise think.

          In fact any action that is for the purpose of declaring the actual terms voidable that are about any part of the contract cannot come under the arbitration clauses of any contract since the contract itself is what the basis of the claim is all about.

          This can only be resolved by a court if both parties are in dispute, not by a tribunal based arbitration hearing where rules of evidence and other due process structures do not have to be implemented.

        • Ophelia Millais

          You’re correct in that the courts must adjudicate any dispute over the terms of a contract, including the applicability and validity of the arbitration clause itself.

          I’m not convinced that a court would find the terms unconscionable. ISPs contracts always say they can throttle or disconnect any subscriber for any reason. Whether there was good reason to do so in a particular case, or how much harm is done by it, aren’t terms of the contract, so the venue for resolution would be arbitration.

    • Daniel

      Occupy Internet – Alright, Let’s do this shit!
      Leeeeeeeeeeerooooy Jenkinnnnns!

  • Guest

    ISP’s are not happy because they don’t make money from free wi-fi, it’s the choice of each small company to offer or not free wi-fi. They are just greedy bastards. This won’t end well…

    • Poorfag

      In Canada they are really aggresive. We were running an Open-mesh program for the low-income areas of Vancouver (giving out mesh routers to businesses for free if they dedicated 40% of their line to a free neetwork) and we got threatened with a hefty lawsuit just because “the nature of what we are promoting encourages the violation of TOS agreements”. Yeah screw poor people, give me your money.

      That’s really what all this comes down to. Those who believe money is king vs community values. They don’t go hand-in-hand.

      • Arkzad

        They went around that in Berlin by creating an “non profit society” to create a public WLAN system which uses the governments own internet lines. It took five years to get the legal stuff to work, because the ISPs all head legal problems giving anonymous access – and the government would give them a free pass. So the government itself had to “take on” the risk.

        Which still doesn’t protects them, yet, from the p2p extort brigades because of wishy washy laws. Those WLAN accounts will be just usable for surfing, writing mails, sending out job applications – not for HD videos or even downloads. But quick enough to fill up your music library, one Album a day.

        The lawyer extort brigades are already waiting to sue the nasty out of the government as soon the Mesh goes online. Sick world.

        • Canadaguy

          If only we could get around it that way. In Canada private companies own all the lines, aside from a few small municipalities

    • Masau Fuku

      Correction – it’s the choice of all customers, small company or not, to offer or not free wi-fi. I’m not a company and choose to offer free wifi – because I’ve been in situations where I needed to “steal” other people’s open internet and wish to return the favor to society. Unlike the networks I’ve connected to in the past, mine is clearly intended to be open (SSID is my private SSID + “public”).

      • Amy

        I don’t know what country you are from but in the USA, what you are doing could put you in trouble with the authorities in a much worse way. Forget about a civil lawsuit from sharing music or movies or a 6 strikes policy and you lose your Internet. Do you have a way of blocking connectivity when some pervert downloads/shares pictures or video of children doing provocative acts while connected to your SSID? Offering your wifi out to anyone is like stepping out in oncoming traffic and assuming the cars will do the right thing and stop.

  • Guest

    DAMNIT I’M GETTING SO IMPATIENT. Come on, implement six strikes already so I can witness the most epic fail in the MAFIAA’s history unfold. The wait is fuckin’ brutal.

    • Hogspace

      It’s going to be good when the copytheft lobby find themselves up against some blue chip corporates

    • Who

      something tells me it will get delayed again.

    • http://twitter.com/Prungy Prungy

      The only problem is that ISPs will get the backlash, not the MAFIAA.

      • xpmule

        good

    • http://twitter.com/sheepodoom SheepODoom

      Fail? Well lets see the Internet goes down & we are back to the world prior to 1990 where is the fail? MAFIAA views the internet as any competition. Kill it & make the masses dependent on them.

      • BoboBohannon

        I’m ready to bring my hard drives over to your house, like we used to do in the late 80′s (of course with floppies then).

  • http://zamphatta.com/ Forrest

    I have a serious question about all this. For an ISP to know what you’ve downloaded, they’d have to be peering into the data stream of your connection. Shouldn’t that legally be private? I’m apparently a bit naive here, ’cause I always thought it was. Customers should at least have the expectation of privacy. I don’t think that’s unreasonable from a legal standpoint. In fact, I think it’s entirely reasonable.

    Another point I’d like to say is — if ISP’s are capable & allowed to do this, then why haven’t they been doing this to combat child pornography? After all, they’re essentially allowing child porn to flow through the net, but putting the clamps down on non-offending music & video. That says a LOT about why this world is so messed up.

    Thinking just a little further on this, I wonder if somebody could sue ISP’s for being an accomplice in the spread of child porn. After all, if they are willing & able to check who’s downloading cp, but refuse to, while they are actively checking/spying on other traffic, then a case could be made that the ISP is aiding and abetting the child porn industry.

    • OldBiddie

      The ISPs aren’t monitoring it, they just record a strike when the MAFIAA gives them a list of IP addresses they claim have infringed.

      It’s time to be reading up and learning what a VPN is and does.

      • Who

        “The ISPs aren’t monitoring it” YES THEY ARE. haven’t you been reading anything posted in the past? this is a MONITORING system. its automatic, its the same shit they used when this 6 strikes crap used to be 3, and what happens is when this system RECORDS an IP it sends a note to the ISP, in tern with the deal they made with the MPAA/RIAA they send you a email, phone call and a letter or postcard informing you that you account was involved in downloading illegal content and so on and so forth. THIS TIME after you hit your 6th strike, YOUR account and ALL of your PERSONAL information WILL be handed over to the MPAA/RIAA for legal action.

        • OldBiddie

          No they really are not – it’s done by a third party, the ISP is the piggy in the middle who simply passes the message on.

        • MadAsASnake

          ISP’s only match IP’s that are given to them. There is little confidence in either the IP gathering or the matching process. The ISP monitors nothing in 6 strikes.

        • Trespass

          OldBiddie is correct. The harvesting of IP addresses are by title and done on various torrent sites by a third party. The third party sends them to the ISP who blindly sends out a warning/strike. There is no verifying of the info done by the ISP. The ISP is NOT the one who has labeled you an alleged infringer, they only follow the info given to them.

        • Wallace

          “”The ISPs aren’t monitoring it” YES THEY ARE. haven’t you been reading anything posted in the past? this is a MONITORING system. its automatic, ”

          NO THEY’RE NOT.

          Third parties (NOT the ISPs) are monitoring participation in certain BitTorrent streams. That is all.

          “THIS TIME after you hit your 6th strike, YOUR account and ALL of your PERSONAL information WILL be handed over to the MPAA/RIAA for legal action.”

          After six, your strike record and contact info will be handed over if requested. As to legal action, dunno if any is possible from this evidence, although lawyers will try anything.

        • Who

          @ all of you: IF it is a 3rd party then the MPAA/RIAA and yes the ISP’s them selves have LIED about this. last I read it IS the ISP’s that have this equipment that is auto monitoring and that the ISP’s are notified of an infringing IP BY this machine and send you a letter. if this IS some 3rd party doing it this time then this is HOW the MPAA/RIAA is covering there ASS, as they dam well know that this is unlawful.

      • http://zamphatta.com/ Forrest

        Ok, so this works differently than I thought. But if I’m understanding this correctly, that means this is 6 strikes thing is really no different than anything being done already. The only real change here is in how the ISP’s react to an accusation against their customers, without allowing their customers to reply to the charges against them? I don’t see how penalizing your customers without allowing them to defend themselves, will help business. Wait a second… that brings up another point — if all the ISP’s are in on this, wouldn’t it be a form of collusion? Is that anywhere near ok with the places like the BBB (Better Business Bureau)?

        • OldBiddie

          That’s pretty much it yes – whether it’s the ISP that keeps count of the strikes or the third party doing the monitoring I’m uncertain, but yeah your ISP isn’t deep packet inspecting your data, and while they might know and log the bandwidth use, data is data – Metallica MP3s over BT aren’t distinguishable from any other file over BT without DPI.

          What this system might do, however, it teach people how to disguise their net usage more effectively, at which point this whole scheme falls down, if it doesn’t do so due to the inaccuracy of IP harvesting before that.

        • Pelham123

          “The only real change here is in how the ISP’s react to an accusation against their customers, without allowing their customers to reply to the charges against them?”

          You get it. I guess ISPs weren’t counting notices before.

          Now, the existence of this system might tempt monitors toward overreaches similar to the YouTube takedown debacle, with strikes issued for fair-use material. If the system is too draconian, spoofers might use it to prank people. The ongoing publicity might encourage more people to experiment with file-sharing, and they would go right to the camcordered Skyfalls. On the other hand, we might forget it even exists.

          The CCI and Verizon statements, including those in this article, say to me that this system is being embraced as a means to achieve other ends, which is ugly although not a crime.

          And yes, the agreement seems to be antitrust.

        • OldBiddie

          “The CCI and Verizon statements, including those in this article, say to me that this system is being embraced as a means to achieve other ends, which is ugly although not a crime.”

          Like rid themselves of high bandwidth users? I’m not sure they need this system to do so as they can do so through their T&Cs already, but it might be an excuse to do so.

        • MadAsASnake

          The whole thing is pretty unethical. If they have some evidence, they should put in the courts.

        • OldBiddie

          But that costs a lot more money; given the number of cases that have made it to court compared to the amount of file sharing going on, it’s clearly not a cost effective solution. This system is much cheaper, at least it will be in the short term.

          I’d be very surprised if 6 strikes makes it 12 months.

        • http://twitter.com/DuckTheNWO ☠ NewWorldStoner ☠

          @Pelham123 “The CCI and Verizon statements, including those in this article, say to me that this system is being embraced as a means to achieve other ends”

          I agree, it seems fairly obvious to me that essentially outlawing public wi-fi is a covert attack on anonymity, providing the state with greater authority and control over the users of the internet. It would seem the next logical step would be for them to try to outlaw VPN and TOR connections at ISP level, thus ensuring accountability and further solidifying the use of IP address data in convictions. Only time will tell, but that’s the way I see it going.

        • Arkzad

          This is already happening in France with Hadopi and in Germany with p0rn offers via p2p. Now waving over to the UK, where one judge already gave a p0rn producer the right to sue some 1000s torrent offers for $1500 a file. Some lawyers in germany claim, that they already have 400.000(!) cases on hold because it takes so long to process them. 90% never reach courts and are extorted (“settled”).

          The “usage” of p2p (not the software itself) is toxic in this countries. That might explain the raise of filehosters. If a third party can’t listen, they can’t sue you.

        • Leonard Ratliff

          Doesn’t matter if it’s ok with the BBB, they are not a policing agency. The BBB is actually a private organization that rates companies based on consumer feedback and track record. They have no legal or jurisdictional power and are not backed by any form of government or legal power.

      • Guest

        I”m using a VPN but it goes down sometimes. How can I get around that. Two VPNs?

        • Anyone

          you can configure torrent clients to only work when the VPN connection is active

      • Rocks911

        Also what VPNCheck is and does

    • Nomnom

      Couldn’t have said it better. I have been making this argument for years. Hundreds of thousands of pervs in the US won’t get prosecuted, but a ten year old who downloads Spongebob episodes will.

      • http://zamphatta.com/ Forrest

        You’re awesome. Yeah, it never occurred to me ’til today that if the ISP’s are willing & able to do something to thwart piracy and refuse to use that same tech to thwart or limit other crimes, than there really is a good argument for them aiding and abetting all the other crimes flowing through their networks…. from child porn to terrorist docs & activities. You just can’t pick & choose which laws in America you want to uphold and which ones you want to allow, when you’ve got the power to do it.

      • Christopher Kidwell

        Pedosexuals are only ‘pervs’ in your opinion. The truth is that they are a normal and natural sexuality that has been turned into the new boogie man for society now that heterosexuality outside of marriage, homosexuality and interracial relationships are not allowed to be used for that.

        In 20 years, I am betting that pedosexuality will be legalized and they will only focused on physically forced sexual encounters between adults and children, which is the proper manner to go.

        • Ophelia Millais

          I’m betting not.

        • Djc

          LOL! Are you out of your f u c k i n g mind?? You need help sir! The difference is pedophilia and child porn is sick and frowned on by society as a whole and needs to be harshly dealt with. As for sharing music and movies, much of society doesn’t give a flying f u c k about that since the copyright cartel buys laws, extorts people, and holds our culture hostage while they make millions. The real threat to the industry lies in the fact that they no longer have total control over what content people can discover, and cannot control what people like and dislike. They no longer have the power to suppress other content that is competing with them. This is ALL about control.

        • FrancoUnamerican

          Spoken like a true pedophile you sick fuck.

        • Bobobohannon

          Sex with children will be legal in 20 years? You need to put that crack pipe down and delete all of that child porn on your computer you sick fuck.

        • Scary_Devil_Monastery

          Actually, no.

          First of all, can the “natural” and the “normal” epithets to anything relating sexuality. I can hear the furries, fetischists and the BDSM crowd from the next continent over cringing. And the guys from California who wanted legal sanction in order to marry their backyard trees beg to differ.

          This may be normal to them, as your sexual inclination may be normal to you. It is not, however, “normative”. “Normal” has no meaning.

          And as for “natural” that argument is to be mistrusted wherever it is found relating to human activity.

          Classical pedophilia – sex involving a prepubescent child – will, 20 years from now, still be seen as an aberration.

          The barrier may shift as we can already peg the age of consent as falling between 13 (Spain) and 18 (Japan federal law). But in no jurisdiction in modern civilization do we see an age of consent lower than this.

          And there is good and valid reason for this.

    • MadAsASnake

      The ISP capability here is minimal, they simply respond to accusations from yet another third party with vested interests – Mark Monitor. Mark Monitor will not release details of it’s IP collect SW, s it’s a pretty good bet that it’s really crap. It is worth noting that the “evidence” being used in 6 strikes would fail in a court of law. 6 strikes is an attempt impose guilty unless proven innocent by the back door. Don’t accept it.

      • OldBiddie

        It’s not going to be very sophisticated, it’s simply going to harvest IP address from Bit Torrent swarms and store them in a database – I’d not be surprised if they copy/pasted the code from Code Project.

        • Fantastic

          Probably, they want the quickest and largest stick to bludgeon the public and scare them so they never think to step outside what the MAFIAA considers acceptable methods of commerce and entertainment, Even though their business model is backwards and luddite they’ll keep this up till the machine that is human progress has trampled them.

        • MadAsASnake

          In the ACS case in the UK it became pretty clear that the “monitor”, who was being paid by how many IP’s he provided, didn’t care less whether the data was accurate or even represented a download at all. He just wanted the money.

      • Scary_Devil_Monastery

        “Mark Monitor will not release details of it’s IP collect SW, s it’s a pretty good bet that it’s really crap.”

        There are only a few ways in which IP’s can be harvested this way. And if the most thorough one is used, it’s still easily defeated by proxy, VPN, or by the mere fact that you can not be expected to retain control over what your account is doing.

    • http://www.facebook.com/enigma69 John Wentworth

      I may be wrong, but I think this is a different direction for the typical DMCA letters, instead of going to the user and threatening to sue, which isn’t working out all that well, they are getting the ISP’s to enforce what the courts haven’t been. They aren’t proactively checking your connection.

    • Liam Jh

      Please stop using the ‘child porn’ argument – that is for the MPAA/RIAA supporters to use exclusively.

      • http://zamphatta.com/ Forrest

        ROFL

      • Scary_Devil_Monastery

        Indeed. The MPAA/RIAA has copyright on child porn which is why they are toting that argument everywhere with pride.

    • JohnGaspardo

      LoL when the fascists suspended the constitution in favor of indefinite detention without charge, torture, warrantless blanket wiretaps,broad censorship, and my personal favorite drone strikes for any reason or no reason it should have given you a clue.

    • Paul Krueger

      Stopping the exploitation of children isn’t profitable.

      • BoboBohannon

        No, but by claiming that is their goal, it is VERY profitable for the RIAA/MPAA.

    • Wallace

      “I have a serious question about all this. For an ISP to know what you’ve downloaded, they’d have to be peering into the data stream of your connection. ”

      ISPs don’t know, are not peering at and can’t tell what you’re downloading. They’ll simply be sending notices to IP addresses MarkMonitor collected from certain BitTorrent swarms.

      And MarkMonitor will not monitor ALL swarms, just specific ones tagged by the handful of big media companies who entered into the “six strikes” agreement. You will not get strikes for sharing porn, for example.

      I predict more strikes will be handed out for fair-use swarms than unauthorized swarms.

  • Byte Master

    I don’t see any links to for instance the US Pirate Party or any other organization that actively opposes Six Strikes. Why is that?

  • Guest

    Will this have any effect at universities, colleges and such, where open wifi networks are very common?

    • Fantastic

      Well the ones that I knew you had to have an ID to access their wireless network. Though ones that have just an open hotspot make be getting some sternly worded letters soon.

    • Who

      ANY one ON the networks involved in this YES, they WILL BE MONITORED.
      the only ones that will probably be excluded is the MPAA/RIAA themselves.

      • MadAsASnake

        And judges, and policemen, and big businesses that tell them to stick it somewhere dark…

        • Who

          ya that would be funny IF they found a judge downloading and he told them to fuck off LOL.

        • MadAsASnake

          @Who

          Will be even funnier when a judge gets a false accusation

  • MadAsASnake

    The ToS are none on Lessers business. That is between the ISP and the customer.

  • hmmm

    oh wake up smell the coffee i been using vpn for 7 years before all this shit

  • Who

    “During the coming weeks the controversial “six-strikes” anti-piracy system will start in the U.S”

    Oooo REALLY? last I read it was to START @ the START of the new year. well we got 2 more weeks to go before the END of the 1st month and still you KEEP blowing it out of your shorts.

    “The initiative is aimed at educating the public”

    people can educate them selves its easy. some already know what the US copyright law says and know for a FACT that file sharing copyrighted works ARE with in the law. if you do look it up you WILL see how it is with in the law. you must read the fine print and between the lines. its staring you in the face people if it was any closer it could slap you.

    but now that business are gona be a target as well I defiantly can see a class action suit getting filed on the MPAA/RIAA.

    AND the ISP’s for even allowing this

  • That_Anonymous_Coward

    ” if small businesses are allowing their employees to engage in copyright theft”

    So the long list of the IP addresses of the LARGE businesses sitting on your board are free to keep downloading copyrighted material?

    Gee that seems like their are different rules depending on how much money you have….

    • MadAsASnake

      Not to mention the false positive problem. If prior cases are anything to go by, this will be a large percentage of these “strikes”. If HADOPI and the NZ thing are anything to go by, they won’t have enough data even when they get 6 strikes. I expect an exceedingly small number of “Make an Example” cases…

      • That_Anonymous_Coward

        Oh but that is the beauty of this, it avoids the entire legal process.
        The terms of service/acceptable use policies of the isps make it clear that it doesn’t matter if you were hacked and someone downloaded it without your permission… your still liable and responsible.
        You can have your connection screwed with based on claims made by groups that include copyright scofflaws who had to pay $54 (? I forget) million for stealing music in Canada.
        It is done with technology that was reviewed by a company who is getting a long term contract to oversee the system, but made $675,000 in the past working for a board member promoting their copyright desires.
        Every company has its own policies, the system is not uniform, and this is a joke. The punchline is no one in the government seems to be willing to stop corporate law from being forced on consumers.

        • http://gene-poole.tumblr.com Gene Poole

          Come on, google. expand that infrastructure to the rest of the states. there needs to be some decent competition to force the major ILECs to back down from retarded plans like this, simply because they know they’re the only game in town and can get away with it

  • dondilly

    The truth is that 6 strikes only affects those businesses dumb enough to use ISPs that have signed up to 6 strikes. We know that thanks to the unreliability and fallibility of IP evidence, even if the company network is clear of P2P traffic, there will be unfounded allegations that a networked laser printer shared the latest blockbuster. Companies like users should just vote with their wallets.

    The claim most cafes wont be affected as filesharing is against their terms of service is laughable. Rules against copyright infringement are written into all terms of service both business and domestic. 5he problem is the inability to enforce it due to lack of reliable evidence, hence 3 or 6 strike systems. Making multiple allegations on flawed evidence does not make it true.

    Seems like Chris ‘Dorothy, we’re not in kansas anymore’ Dodds thinks he can say ‘ theres no place like home’ 6 times and take the music industry back to the 1970s.

    • Scary_Devil_Monastery

      Still, for the ISP’s involved and the media industry this is actually a reversed xanatos gambit.

      If the six strikes scheme proves inefficient, one of their last straws crumble, leaving them very little else to use.

      If it actually works in sending out notices it opens a wide market for new ISP’s unaffiliated with the six strikes. Especially now that every business wanting a competitive edge by offering cheap free open wifi will be a potential customer as well.

      From what we’ve seen so far, it doesn’t take much to tip the average disinterested citizen into a raging pro-pirate stance, and an unwanted, unmerited and unsolicited warning notice courtesy of Hollywood is even more of a nuisance than telemarketers.

    • MadAsASnake

      And that printer will no doubt be owned by an old lady in Germany without a computer and using a torrent client that hasn’t been released yet.

  • Guest

    First they came for the pirates,
    and I didn’t speak out because I wasn’t a pirate.

    Then they came for the free wifi,
    and I didn’t speak out because I wasn’t using any.

    Then they came for the internet speed,
    and I didn’t speak out because I wasn’t a heavy internet user.

    Then they came for me,
    and there was no one left to speak for me.

  • http://nejtillpirater.wordpress.com/ Nejtillpirater

    “So don’t be surprised to see the public WiFi disappear at your favorite coffee shop when the six-strikes scheme goes live.”

    It’s the accountability that’s really important, if that can be solved then public WiFi would be OK, e.g. if the users must login and identify themselves before using the WiFi connection.

    On the other hand, 3G or 4G cellular is becoming standard so public WiFi will be obsolete.

    • Who

      “On the other hand, 3G or 4G cellular is becoming standard so public WiFi will be obsolet”

      for people that use phones yes this may be the case.

      but for laptop users, again you are wrong.

      public wifi is free vs a paid service. Y would I pay for 3G or 4G when I don’t have to pay for free wifi?

      “accountability”

      again please READ the US copyright law and the US Constitution AND please read US property rights law.

      • Fucknugget

        Tethering?

    • Scary_Devil_Monastery

      “It’s the accountability that’s really important…”

      Since when should we expect to need accountability for what is, in essence, ordinary communication?

      Normally, you see, even though a tongue can and is used for hate speech, no one has even dreamt of disallowing the use of it until a suitable method of registering who said what could be implemented.

      From start to finish your argument is one which was considered purely the realm of totalitarian fascism at the time when the DDR was still around.

      And one which when implemented in real life would have frightening consequence. The logical result of this, as it always has been, is that people will circumvent it at their earliest possibility. And the respect for those who implemented it will drop further.

      Not to mention on top of everything else, the ISP’s on board with the six strikes have shot themselves right in the tender parts of their market niche to even greater degree than I could even dream of.

    • name

      >It’s the accountability that’s really important,

      get lost, fucking nazi

    • Anyone

      no, providers of free WiFi should not be responsible for the actions of their users

      if the MAFIAA can’t find the person responsible (which they can’t with just an IP address) they should just fuck off and stop harassing people

    • IDIOCRACY

      And because everyone wants to have a slower internet connection they will use LTE (4G) with a maximum of 100Mb/s instead of their N class wifi at 300Mb/s which is 3 times faster and free… yes very logic NTP. duh…I really don’t get it how you can make soooo universally stupid remarks / posts… how much did you drink today?? hehe

    • Guest

      Find me an accountable person who works for the RIAA, Nej, and I’ll show you a flying pig.

      • Scary_Devil_Monastery

        Yes. It’s ironic that “Hollywood Accounting” was, in fact, invented by the industry Nejtillpirater so fervently defends.

        But hey, judging from his past arguments this is quite OK. Hypocrisy is not a problem if you manage to look past cognitive dissonance.

    • Andyman

      The removal of civil liberties continues. I don’t think the need for the MPAA to shut everyone down at will based on potentially flawed evidence supersedes the public’s want and need for anonymity on the Internet. (See: SOPA/PIPPA/Et Al) Stop trying to take away my civil liberties because you have a flawed business model. Log into a free public wifi? Fucking not going to happen.

    • BJonesTF

      Personally, we’d love to see some accountability. So, we’ve counted at least 3-4 different strikes for companies, and record companies admitted tens of thousands of commercial copyright infringements a year or two back, so… They ready to be cut off the net?
      Or a false claim should have the same impact as a legitimate claim, but on the accuser. Make a false claim, get a strike. See how long that works.

      Or is it only accountability for ‘regular’ people?

    • Bla

      And as the bandwidth caps keep dropping on cell-data, wifi was our only option to avoid getting hit with monthly fees for going over.

  • Anonymous

    and yet again, all done to please an industry that refuses to do anything itself except sue the arse off of as many customers as it can! why the hell there are so many companies falling over themselves to pay for ruing their own services, in favour of preserving another industry’s decades old way of business, i dont know? and anyone that believes the lying bitch Lesser is in dope land. there are going to be a hell of a lot more business and individuals affected than she is letting on. i bet there’s gonna be a hell of a lot more than she actually thinks. i just hope that when shit hits fan over the restrictions in service happen, most of it splatters her and there are a lot of customers that change ISP

    • MadAsASnake

      Well… they might to a HADOPI and choke all the strikes… these databases can be pretty unreliable, you know.

  • Chuck Norris

    I could care either way. Frank shits..

  • http://twitter.com/OrwellUpgraded Orwell Upgraded

    Yet more insanity that promotes collateral damage.

    You might like to watch my new short film on Sharing Culture & Copyright.
    http://vimeo.com/57474711

    • Ophelia Millais

      I don’t like comment spam, and I thought for sure I was about to get Rickrolled. But this is pretty interesting, as are your other clips for your documentary-in-progress. Looking forward to more.

  • General Waste

    I wonder what would happen when they find an IP address registered to the United States Government – or United States Military.
    MPAA: “HEY – That’s Against Our Law!”
    Military: “Be careful who you threaten bitch.”

    • General Waste

      … and who would they sue?

      • Andrew me

        they will have a list of all their own ip addresses and those of their friends so they dont get caught up in this, they most definitely will not want to be taking the lawmakers to court as the laws would be changed within days to protect not only them but all of us.

        Changes are coming , I am just waiting for the first mass law suit against them, that should be interesting to watch, and it should be interesting to see whether the lawmakers will allow, like other countries, downloading for own use when there is no financial gain or loss on either side. This one little law would force all the providers of video music and books and games to re evaluate and change their business models once and for all.

        They had the opportunity over the last 10 years to do something good for content, they ignored it and used all the rope given to them to hang themselves, this six strike law i have a feeling , will be their undoing, where the 50% of the population accused of committing a crime will be exonerated and the content monopolists will be driven out of the industry if they do not change.

    • Who Said What?

      Obama: um I will not get between you two because I take orders from the UN and the MPAA….soo yeah.

  • 1Maenad

    Hmm, I thought most of the McDonald’s in the US offered free WiFi? How will this affect them?

    • Dezzalnutz

      No more free wifi. Thats how it affects everyone.

  • Leon White23 uk

    I have not read the 6 strike law, and know nothing about US copyright law..

    Does it assume “guilty cos I say so”..or is there a right of appeal, before the strikes are recorded….if so who would the “guilty” parties appeal too…

    • OldBiddie

      Yes, essentially it assumes guilt.

      There is an appeals process but there is a $ cost for doing so (which if successful is refunded). It’s judged by the Copyright Alerts System and no details as to what that procedure entails seem available.

      • Fantastic

        We’ve already learned their “oversight” group are just a bunch of MAFIAA affiliated shills, last I checked they went dark on all their procedures after that revelation.

    • MadAsASnake

      I believe there is an “appeal”. You have to prove you didn’t do it, which is pretty much impossible, oh isn’t there a “fee” for that?

      I would would neither pay the fee nor abide by their “appeal” process because they are rigged against you. Simply notify them that you didn’t do it, and demand the data. Should be the end of it.

    • Anyone

      you can appeal the 6th strike by paying $35
      you cannot appeal any of the other strikes

  • http://www.facebook.com/jcbartlett5150 Jonathan Bartlett

    If I download 6 movies at the same time, does that count as 1 offense or 6?

    • OldBiddie

      That’s an interesting question – I suspect it very much depends on the way the IP harvesting is collated. If it’s grouped over a time period, probably not. If each and every IP is treated as an individual “infringement” then yes it probably is, in which case this system might collapse even faster than the 12 months I’m wagering it will last.

    • OldBiddie

      I meant each individual connection from your IP

    • utuxia

      What if you join linuxtracker.org and seed the shit out of everything there. Are you now an offender because you use bittorrent? I find it unlikely that they will be able to determine legal torrents from illegal torrents.

    • MadAsASnake

      Between 0 and 25, given the accuracy of the data collection.

  • chris_p_bacon(R.O.L.L)

    us english like sitting on the fence, this is sometimes interesting, i think this rather ill thought out scheme is going to backfire. the most interesting part for me is going to be how publicly supplied wifi is affected. the ultimate answer is to throttle public wifi to speeds similar to dial up, but that just stifles the evolution of the internet. Mcpuckolds here in Euroland throttle and ban nodes. it is still possible to circumnavigate for small files such as a 50mb magazine, but most sites are blocked and proxies do not work. also, they disconnect most at about 20–40 minutes. ok if you have a download manager to auto re start without losing a cut off file. most cafe and public wifi in Euroland is quite choked and in Spain, although free in most rural villages, is so slow it can only load a mail page or sinple torrent freak site and even that takes some time. with the world internet speeds getting faster i do wonder to myself, why? you really only need fast for stream/download/hd skype?(who the eff wants to see that) and some high end software. so i am slightly suspicious of the reasons this has been allowed to even get to the starting gun. a court case will ensue and maybe a high profile one, but by then some things will change regarding file downloads. i think we are on the cusp of completely anon file sharing between the select few, password protected stuff with id codes at each end and identity verification, either that, or a new form of bit torrent that somehow scrambles pieces into completely random segments that have individual keys that have passwords, but we are lazy, and a six strikes scheme that does not imprison you is hardly a threat,,,,,,yet. but that could change

  • Lox

    holy shit why nothings in the US is happening , people taking it in this ass and seating quite ??? wtf , at least here is europ with those shitty pipa sopa there was almost a small revolution and people went to street and complained ,
    If all US keep their fat ass without moving then it will get only worse and they deserve what they are getting

  • VPN

    It is importantant to note that ANY small business that runs an open WiFi (that violates an ISP’s TOS) may be susceptible to felony prosecution under the CFAA.

    Rep Zoe Lofgren is introducing “Aaron’s Law” to change the Computer Fraud and Abuse Act (CFAA). You can read the post on Reddit.

    “We should prevent what happened to Aaron from happening to other Internet users. The government was able to bring such disproportionate charges against Aaron because of the broad scope of the Computer Fraud and Abuse Act (CFAA) and the wire fraud statute. It looks like the government used the vague wording of those laws to claim that violating an online service’s user agreement or terms of service is a violation of the CFAA and the wire fraud statute. Using the law in this way could criminalize many everyday activities and allow for outlandishly severe penalties.”

    Today, the DOJ is INSANE with power and is saturated by MAFIAA lobby money.

    On a lighter note, a small business that runs an open WiFi can easily funnel all ‘user’ WiFi traffic thru a VPN tunnel at minimal monthly cost (less than $10 per month).

    Using SSTP, all ‘hot spot’ WiFi can be routed to a geographically near by VPN server. CactusVPN has a SSTP server in Delaware. This server does not block the bittorrent protocol but does block torrent trackers. This arrangement may offer small business owners (in N/E USA) a defensible argument while keeping all their client WiFi users out of reach of MarkMonitor. Speeds remain fast.

    CactusVPN also has a SSTP Server in UK that allows the bittorrent protocol but blocks torrent trackers. Their NL SSTP server does not block anything however.

    Of course a WiFi user can and should use their own VPN anyway for security. All VPN traffic from an individual’s VPN can tunnel thru the WiFi SSTP tunnel. The Coffee shop is safe and the individual user is safe and MarkMonitor (and ISP) is completely cut out of the ‘monitor’ loop.

    Expect to see more savvy businesses owners using VPNs for their WiFi ‘hot spot’ traffic in the near future.

    • SSTP

      Not sure if DD-WRT supports a SSTP client (yet).
      No worries. Just use OpenVPN. Works fine.

    • VPN-curious

      Read the CactusVPN TOS.

      We allow torrents downloading only on our NL servers. If you use P2P applications with our service on US or UK servers you will be warned and if you continue to ignore our TOS we reserve the rights to suspend your account without any refund.

      They also prohibit “Illegal or Unauthorized Access to Other Computers or Networks”, as well as “Intellectual Property Violations” and violating “privacy, publicity, or other personal rights of others.” They also say CactusVPN is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement laws.

      Essentially they reserve the right to cut you off at any time, based on a dispute that an outside party has regarding the activity under your account. There’s no dispute resolution system and no refunds.

      All the VPNs apparently have these in their TOS, just like the ISPs. This gives me pause when considering whether to invest in VPN service.

      I know it’s not supposed to be possible to be identified, but the VPN provider knows your real IP, and who knows what they will do if given a court order. You may have left a trail online that can correlate your activity on the VPN to prior activity off the VPN. Once the dots are connected, they could make an educated guess at your real IP and tell your VPN provider to cut you off. Sounds far-fetched but I wouldn’t put it past them.

      I’m not trying to badmouth VPNs. I’m just trying to figure out if there’s any option that allows unfettered file-sharing without risk of getting cut off based on unsubstantiated third-party claims of copyright infringement.

  • Nevets Lleb

    Build a Pirate Box for Mobile and Secure File Sharing
    http://daviddarts.com/piratebox/?title=PirateBox

  • whodat

    will this also affect cyberlockers and usenet? or p2p only?

    • OldBiddie

      It could potentially effect cyberlockers and USENET if the IP addresses could be acquired as there’s no restriction on the MAFIAA’s part as to where they make these things up from. However, you’re not publicly broadcasting your IP with these methods – you can use SSL over USENET too, so if you’re not already you probably should be doing so.

    • Anyone

      for now torrent only
      but if they find a way to extract IPs out of cyberlocker or usenet providers I’m sure these assholes will use them as well

      that being said, the “evidence” is so unreliable that you will get strikes no matter what you do

  • whodat

    yep, thanks for the info.

  • Phuckit

    I have a great ISP in the US. Instead of sending you warnings, they offer you higher download and upload speeds with free vpn, and free usenet access.

    • utuxia

      which one is this?

  • Leechness Monster

    Perhaps this has already been asked, but will they send notices to violators pirating at MAFIAA offices? This whole thing reeks of extortion ($35 challenge fee). What about older individuals who aren’t adept at configuring Wifi security? Will this affect files downloaded from filelockers? FUCK THIS SHIT

  • Nospam

    the thing that needs to happen is the people standing up to these sorry fucks, create a Facebook page about six-strikes and get people’s attention. The power is in the money and we the people are paying for these services, if enuff people expressed the dislike of the policy and threatened to leave their service for another that doesn’t use six strikes, in the end it is all about the money and these providers don’t want a mass exodus of customers to another provider. There was a chick a few years back that caught on to a banking policy of charging $5 a month for using credit cards, she made a page on Facebook and enuff people got involved to get this policy removed.

    • BoboBohannon

      Maybe you meant Bank Of America considering charging $5 a month for debit cards, right?

  • Dnyt

    Google just offered New York City neighborhood free WiFi…. Hmmm…

    • VPN-curious

      According to their TOS, they are just like any other ISP. They do the whole DMCA takedown notice thing in response to mere accusation from copyright owners, and will terminate repeat infringers. I don’t see how this is worse than if they were participating in Six Strikes.

      • VPN-curious

        s/worse/better/

  • utuxia

    Piracy is like weed. Nobody wants to admit it publicly, but most everyone has tried it at one time or another.

    • Fantastic

      Unless you live in Colorado now..or Washington State IIRC.

  • http://profiles.google.com/pianogamer Knut Harald

    Copyright theft? Are we talking mastermind criminal level world population brain washing here?

  • Whatever

    “copyright theft”
    Can this CCI please explain how you can steal a copyright ?
    It sounds like a great idea to get rich very fast.

    Let’s take something easy: how would anyone be able to steal the copyright of Windows from Microsoft so that someone will have all the rights associated with copyright and Microsoft not anymore ?

    • Who

      “please explain how you can steal a copyright ?”

      by claiming to be the owner of the works. its not heard of any more as no one is stupid enough to do this now.

      • Who

        “as no one is stupid enough to do this now”

        um…maybe I should have rephrased that to every one is to chicken to TRY and do this now.

  • Gae

    Terms of use or not, the fact remains that public WiFi is a thing, and a lot of people use and rely on it – both business owners to attract customers and people who are looking to be able to work whilst on the move.

    They are clearly just trying to avoid the issue but I do not think that will work for very long.

  • erojiji12

    what we need to do, is take a random legally shareable file, give it a name that would set off their detection system, and spread it to the masses.

    file name does not equal file content. and trying to enforce copyright based on a file name is pointless.

    when the letters start coming in about strikes, start a class action lawsuit. the whole 6 strikes idea will go out the window faster than a dog after a cat when the isp’s are faced with multi-million dollar losses over false claims.

  • joexxx

    Stop doing business with Verizon. Done.

  • guest

    What happened to “innocent until proven guilty”. Hell even murders and rapist get that. They have the burden of proof don’t they?

  • reneemjones

    Punishment based on mere accusation is immoral. Punishment of one person because of the crimes of another is evil. This is copyright law run amok. There is no stealing going on, and these “infringements” exist only because of the eternal extension of copyrights bought by the bribery and corruption of the RIAA and MPAA. It is time to change copyright law and de-criminalize not-for-profit copying and reduce copyright terms to a sane, constitutionally-supported term justified by the actual encouragement of creativity, not eternal copyright terms that only serve the greed of corporate thugs.

  • Ridingjunk

    Since I started using WIFI I have kept my connection opened. I don’t believe in limiting access to people. I don’t believe the ISP can say I can’t share with third parties. Why don’t they just charge me per Meg (I can throttle people if I want). I don’t want my ISP dictating who I can share with or not. I’m going to now have to configure my router to proxy all traffic. Not because I want to download illegal content (nor to allow others to). But merely to protect myself and still give people access.

  • Dakota

    Ipredator FTFW

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  • nathan b johnson

    wait till starbucks sues verizon for killing thier business.

  • nathan b johnson

    and no since they are not gonna target the pirates who make all the $ pirating movies ,cds,dvds , it will continue. i just wonder how many businesses are gonna die from this excuse to sue ppl for millions, lets see starbucks and hotels will suffer, i tell ya ill never buy shit from verizon again this move will also unprivatize the u.s. internet making facebook the largest civilian list complete with locations, friends ,family. couple that with gps in your smartphone and the gps in new cars and no one will be hiding anywhere for anyreason. its almost game time. you game?

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