VPNReviewz CEO Warns: ISPs To Start Monitoring Customers And Issuing Mitigating Measures
ISPs and the RIAA have been working for more than a year to develop a system of monitoring the ISPs customers for illegal downloading. Here´s an explanation of the steps they will take to discipline infringers, and measures the accused can take to appeal the decisions.
Undisclosed Location, S. America (PRWEB) July 17, 2012
Over the last year ISPs and the RIAA and MPAA have been working on a system of monitoring the internet users of the 5 companies for the possibility of copyright infringement. It has been reported that the systems have been developed by most of these companies, and was implemented at the beginning of the month, while those falling behind will have their system implemented by the 12th of July.
According to VPNReviewz CEO Michael Maxstead the original deal between the ISPs and RIAA/MPA were conducted in complete secrecy and that the ISPs would “voluntarily” supply copyrights holders information regarding their customers when the possibility of illegal downloading is indicated. According to the plans that have been worked in the agreement, no personally identifying information would be passed on to the corporations, excepting for the cases where a warrant had been obtained. ISPs have also been careful to assert that P2P and file sharing activities would be the ones that will be the most affected.
According to the plans, once an IP address has been identified as a possible problem, there are three escalating levels of punitive action that will be taken. Here are the three levels and a brief explanation of each:
2 Warning Letters – On the first notice of possible illegal downloading, an email warning letter to alerting the customer that possibly infringing activities have been noticed. There will also be other information in the letter, but 2 of these warning letters will be sent. Mr. Maxstead says that these warnings amount to no more or less than a “traffic warning ticket.”
Confirmation Letters – 2 of these will be sent, also. The major difference with these is that it will be required to contact the ISP and confirm receipt of the letters and participation in some kind of educational material, which hasn´t yet been presented.
Mitigating Measures – Once the four letters have been sent via email, there is a list of “Mitigating Measures” that the ISP will have to choose from, if any more illegal downloading is noted, although complete suspension of services hasn´t been agreed to by any of the ISPs.
Appeal is only afforded to those that have received their first four warnings. The “Warnings” and “Confirmation “Warnings” can only be removed from the customers records after a period of time, to be determined by the ISP, wherein no more infringement notices are sent. Appeals of any “mitigating measures” brought will cost $35 when filing the appeal, and will be refunded if the appeal is won. Here are the only acceptable reasons for appeal:
Upload and download throttling.
ISP reduces the account to the lowest type of account offered by the ISP.
Redirection to a page requiring the customer to contact the ISP for an educational discussion alleged activities.
Temporary suspension of customers internet account.
Redirection of the internet connection to an educational landing page that will have to be completed before service is resumed.
According to VPNReviewz, UsenetReviewz, and many other online authorities, there are only 6 arguments for appeal, and each argument has a very specific set of requirements to be met in order to win the appeal. Here they are:
Wrong Account Identified – It can happen, after all, mistakes are inevitable.
Unauthorized Access – If a Wifi is kept unsecured for the neighborhood kids, (or any others,) this may need to be rethought, and the connection secured. This would also include any errant hackers. (If the connection is secured.) But in the case of a secured connection, hacking activities will have to be proved.
A Question of Authorization – Again, mistakes can happen, and permission to use the material may be granted, but no one has been notified of the authorization.
Published Pre-1923 – Things published before 1923 don´t fall under the same copyright protections.
UsenetReviewz reports that almost all of the arguments can be used at any time, excepting the “Unauthorized Access” defense, which can only be used once. In these cases the customer will be educated in methods of securing their connection, and they will be expected to follow through with the security measures. VPNReviewz Maxstead says that internet denizens should start using a private VPN to encrypt all their internet communications and at very least a minimum of security on their connections. Using a VPN customers would avoid the possible hassles of an “Unauthorized Use” or possibly being “mis-identified” as a pirateer.
For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2012/7/prweb9699719.htm