[Ecommerce] More on "ISP" p2pnet: ISP self Regulation II

[Manon Ress]

  ISP 'self-regulation' - II
http://p2pnet.net/story/4487

p2pnet.net News Feature:- The entertainment industry cartels and other
vested interest groups are spending billions of dollars orchestrating an
ongoing and expanding series of political, PR, media, =91educational,
legal (and not legal) campaigns aimed at regaining the power they=92ve
lost since people around the world started going online.

In the digital 21st century, anyone, anywhere, can communicate with
anyone else, anywhere.

And this is a horror-show scenario for the Big Four record labels, the
major movie studios, the principal software makes - the list runs on.

That=92s because for the first time in history, where once, you relied
solely on information fed to you by the offline mainstream print and
electronic media, now you have blogs and other online alternative news
sources to give you unspun, unvarnished reports of what=92s really
happening as opposed to what the corporate community, whose members rely
on your dollars, want you to think is happening.

As part of the campaign, the MPA (Motion Picture Association - the MPAA
=92foreign service,=92 in effect) and IFPI (International Federation of the
Phonographic Industry) want ISPs to work for them.

We frequently use the weekends for longer reports so below, with
references, is the complete Digital Civil Rights in Europe post Joe
McGuire refers to here.

It says the cartels are, =93pushing for a new collaboration with internet
service providers in Europe. The MPA has drafted a 'possible ISP-Film
Sector Voluntary Code of Conduct', while the IFPI called for a similar
code in relation to the music sector during a conference of European
telecom network operators (ETNO).=94

Read on >>>>>>>>>>>>>>>>>>>>>>>>

The industry demands that providers "remove references and links to
sites or services that do not respect the copyrights of rights holders".
Providers should also collectively adopt new terms and conditions, to
'require subscribers to consent in advance to the disclosure of their
identity in response to a reasonable complaint of intellectual property
infringement by an established right holder defence organisation or by
right holder(s) whose intellectual property is being infringed,' thus
overruling the essential privacy-protection of internet subscribers and
without mentioning any right of reply.

The copyright industry doesn't stop there. It also wants providers to
develop 'prototype instant messaging language directed at infringers'
and a termination of contract for 'recidivists'. Just in case the EU
doesn't introduce mandatory data retention, in spite of the repeated
lobby of MPAA and IFPI, the providers should voluntarily preserve
data/evidence necessary to enforce copyright. And if that isn't enough,
ISPs should implement filtering technology to block services and sites
that are 'substantially dedicated to illegal file sharing or download
services.'

But the most ludicrous demand is the following: "To enforce terms of
service that prohibit a subscriber from operating a server, or from
consuming excessive amounts of bandwidth where such consumption is a
good indicator of infringing activities."

The promoters of the document seem inspired by a French code of conduct
signed on 28 July 2004 by 3 French ministers, representatives of the
music industry and major ISPs and telecom operators. This code builds on
the French e-commerce legislation (providing for notice and take down
measures, see a.o. EDRI-gram 2.12) and the revised French privacy and
personal data protection legislation. Under the new data protection act,
collecting societies and similar representatives of intellectual
property rights have the right to create files with telecommunication
traffic data of supposed copyright infringers to 'mutualise the battle
against the piracy of works' (see EDRI-gram 2.15). The code has already
been used to terminate the contracts of subscribers. It also encourages
right-holders societies to sue P2P users. According to a recent article
by the French weekly magazine 'Le Point', these cases have led to 'a la
carte' penalties, corresponding to the commercial sales price of a song.

ETNO has already responded indirectly to these new demands, in a
response to the consultation from the Article 29 Working Party of EU
data protection authorities. "ETNO Members are also concerned by the
constant pressure to overturn the provisions of the E-Commerce Directive
(2000/31/EC) on ISP liability in order to create a situation where
intermediaries are liable for illegal content transmitted across their
networks. The Directive states very clearly that no systematic
obligation of surveillance or monitoring should be imposed on ISPs.
Furthermore, Article 15 of this Directive establishes that ISPs should
be subject to no general obligation to actively seek facts or
circumstances indicating illegal activities." And: "In particular, ETNO
fully agrees with the Working Document=92s conclusion that personal data
can only be transferred in very defined cases provided by Law, only to
Public Law Enforcement Authorities, and not to right-holders directly."

The debate will continue during an open WIPO seminar on ISP liability in
Geneva, on 18 April 2005.

Announcement WIPO seminar on ISP liability (Geneva, 18.04.2005)
http://www.wipo.int/meetings/2005/wipo_iis/en/

Music biz calls on European ISPs to act against P2P sharing (08.03.2005)
http://www.pcpro.co.uk/news/70163/music-biz-calls-on-european-isps-to-...

French code of conduct: 'Charte d=92engagements pour le d=E9veloppement de
l=92offre l=E9gale de musique en ligne, le respect de la propri=E9t=E9
intellectuelle et la lutte contre la piraterie num=E9rique' (28.07.2004)
www.culture.gouv.fr/culture/actualites/conferen/donnedieu/charte280704.htm

Le Point: Piratage - Des sanctions =E0 la carte (31.03.2005)
http://www.lepoint.fr/pointcom/document.html?did=3D160790

ETNO response to WP 29 consultation on DRM (March 2005)
http://www.etno.be/upload/down_files/9241/RD213%20-%20CL%20DP%20issues...

EDRI-gram 2.12: Notice and take down procedure validated in French law
(16.06.2004)
http://www.edri.org/edrigram/number2.12/len

EDRI-gram 2.15: New French data protection act not unconstitutional
(04.08.2004)
http://www.edri.org/edrigram/number2.15/frenchdpa

(Thanks to Meryem Marzouki, EDRI-member IRIS)


--
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology in Washington, DC PO Box 19367,
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