26 May 2011

One Breach To Compromise Them All


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Image: Demon Dog by Samuel Cockman on Flickr

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This is a watchdog. A very cute one.
Its job is, nevertheless, to bark to alert its owner of an intruder’s presence and scare away the intruder.

France, the country which advertised the three strikes rule on a large scale and did eventually adopt it, has also a watchdog.
A dog to watch for file-sharing and online piracy of any kind.
Not a very cute one.

In fact, the French government represented by HADOPI, the executive agency established to enforce the three strikes rule, has commissioned the private company Trident Media Guard (TMG) to scan file-sharing networks and gather the IP addresses of alleged copyright infringers.

However, this watchdog was hacked and suffered a massive

Data Breach

some ten days ago.

I found the information about the breach on Ars Technica which have been continuously covering (click and click) the issue.
It appears that not only the unguarded servers were TMG’s Achilles’ heel. Their anti-piracy software was full of faults as well.

What a negligence, huh?

But that would not be all!

Imagine that this poorly managed company, empowered by the order of a special government agency and, employing a software that would very likely fail during a diligently conducted acceptance test, has the means to count your three strikes and

Send You Off

the digital playground?

The good news is that HADOPI must have considered this state of affairs unacceptable and has thus (temporarily) suspended TMG’s authorisation to collect the IP addresses of French Internet subscribers.

If the Court of the European Union follows Advocate General’s opinion in Scarlet vs SABAM, it could rule such Internet scanning outdated.

Either way, TMG’s data breach did its deed – it managed to harm the three strikes policy’s image and to (hopefully) ultimately and entirely compromise it.

13 February 2010

Will Verizon adopt a "three strikes and you are out" policy?


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Verizon was once acclaimed for its firm standing in opposing copyright holders’ attempts to access the personal data of subscribers who had allegedly infringed copyrights by means of peer-to-peer file sharing platforms. That was 2003 and, no doubt, everything flows, but same company’s newer policy nearly condemns those glory days to oblivion.

CNET as well as Wired have recently reported that Verizon has begun terminating some subscribers’ Internet access due to said subscribers’ alleged copyright infringing dealings.

According to FindLaw columnist Anita Ramasastry this is to be viewed as the result of RIAA’s “alternative approach” to work with ISPs to police illegal downloading, instead of – after having lessons learned – suing the downloaders themselves. In this respect a crucial question is awaiting an answer – does RIAA by any means “support” Verizon or how does Verizon learn of its subscribers’ alleged copyright infringement at all? In the state of such intransparent policies, I personally could only encourage subscribers to Internet services to play question-and-answer games with their ISPs, and with Verizon in particular, in order to gain as much information thereon as just possible.

While Canadian law professor Michael Geist blogs that Verizon’s actions are not exactly “three strikes and you are out”, as concerned subscribers still can go to another ISP, he nevertheless points out that the lack of due process is very disturbing.

It is hard to predict as to whether Verizon will introduce a zero tolerance three strikes policy, it is nonetheless just pity that one of America’s major ISPs has yielded to copyright holders’ and their representatives’ demands by thus demonstrating readiness to sacrifice its customers’ fundamental rights in the information society.

3 February 2010

ACTA – a much ado about nothing or a real menace to our digital freedom?


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2propuestas para el #TwitterShowcase 24 #ACTA #openACTAphoto © 2010 Neto González  | more info (via: Wylio)

In the last couple of weeks I have been confronted with numerous and contradictory information on the Anti-Counterfeiting Trade Agreement (ACTA), its ongoing negotiation rounds, and – of course – its possible impacts on our digitised society.

Curiously enough, the information flow appears to be largely one-sided, as it originates from critics of the planned agreement at the utmost. Official European authorities’ statements are either rare or more or less expressionless. The Intellectual Property Watch has quoted the Commissioner Designate for International Trade, Karel de Gucht, saying “If there is confidentiality, I will respect it and I have to respect it.  It is impossible to change the terms during the negotiations”. Clearly, confidentiality obligations – when assumed – need be abode by. However, why should an issue of such importance be kept under secrecy?

ACTA is meant to be a multilateral trade agreement whose framers claim it to be a response “to the increase in global trade of counterfeit goods and pirated copyright protected works.”

The Scope of ACTA is Broad

including counterfeit physical goods, as well as “internet distribution and information technology”. In regards to the latter, ACTA is feared by many to bring the so called “three strikes and you are out” rule that would eventually lead to an internet denial for, say, users of infringing file sharing platforms. Such rules, for instance, are currently reported to be either implemented or seriously discussed in France, the United Kingdom, New Zealand, South Korea, and Taiwan.

ACTA is further frequently pulled together with the Directive 2004/48/EC (IPRED). Allegedly, the European Institutions await ACTA’s coming into force in order to align it with the IPRED II that was proposed in 2005 and aims to introduce criminal measures to ensure the enforcement of intellectual property rights.

Put it another way and given the validity of the above, ACTA will provide for

Some Atrocious Amendments

of the intellectual property legislations around the globe.

Indeed, I acknowledge that we live in an intellectual property driven society. Peterson J’s dictum “what is worth copying is worth protecting” in the University of London Press vs University Tutorial Press case seems to be as relevant today as it was in 1916.  And yes, it is true that the advent of Internet brought an inexpensive way to copy digital works and to distribute them without suffering any loss in quality. It is thus understandable that authors and right owners sought and are still going to seek sufficient protection for their works. Legislation on intellectual property, however, has always sought to

Provide for a Societal Balance

i.e. a balance between right owners’ limited monopoly over their works and society’s interest to access these works. The changes considered to be introduced by ACTA will, in my humble opinion, cause an imbalance in favour of the right owners.

As a consequence, ACTA is to be viewed – at least on the realm of Internet –  as a

Menace to Our Digital Freedom

rather than as much ado about nothing. If I were asked to advise the content industry, I would emphasize on business models and licensing schemes somewhat different than the current ones instead of employing a “seek and destroy” strategy to fight digital infringement.
There are many voices out there presenting good ideas, the content industry should just listen up.