Italy Proposes Law That Will Ban People From The Internet Based On Single Accusation Of Infringement From Anyone

from the seems-a-bit-strict dept

Glyn Moody points us to a frightening analysis of a proposed copyright law in Italy that seems positively ridiculous, in that you could lose access to the internet based on a single accusation (which doesn't even have to come from the copyright holder):

1) citizens, outside of any judicial proceeding and without the right to appeal to the judicial authority, may be banned to access the Internet if ANYONE (a rightholder or an ordinary citizen) notifies a provider about alleged infringement of copyright or trademark or patent ("one strike" disconnections);

2) Internet service providers must comply to the blacklisting of citizens who are *suspected* of copyright or trademark or patent infringements ("proscription lists" to ban citizens from any access to the Net);

3) an Internet service provider must use preventive filters against services that infringe copyright, trademark or patents;

4) an Internet service provider must not promote or advertise, and must use preventive filters against, services that do not directly violate copyright, trademark or patents, but that *may* lead citizens to *think* that infringing services exist;

5) a provider or a hosting provider which does not use effective filters will be charged with civil liability.

The post notes that this law would be compliant with an early version of ACTA, and suggests that this was done on purpose. However, the report also notes that this proposed law would clearly not be compatible with current EU law. Either way, that's quite a wish list from the entertainment industry.

Filed Under: copyright, internet access, italy, one strike

ISP Accused Of Using One Unsubstantiated Strike From The ESA To Close Down Account

from the one-strike dept

Forget "three strikes," according to some folks, there are ISPs using only a single claim of copyright infringement to kick people off their network. Reader Dez submits a story of a woman who apparently lost her ISP account after the Entertainment Software Association (ESA) sent a single complaint about copyright infringement on her account -- a claim which she insists is bogus:

And then today I get a call from whoever last bought our account saying that they turned our Internet connection off because they received a notice from the Entertainment Software Association that claimed that we had pirated software.

...which is funny because the only thing I have torrented in the past year is Ubuntu. You know, Linux. Freeware Linux.

Needless to say she's not happy. She apparently called the ESA, and they didn't seem to believe her:

And also, fuck the Entertainment Software Association and your phone guy who didn't want to believe that wardriving is a real thing or that perhaps one of our neighbors was using our wifi while I didn't have our router locked down (while setting up the PS3 on the network), or even when it was (it's really not that hard to hack a router).

Now, obviously, this is just one side of the story, but it does seem troubling that an ISP might be kicking people off with no apparent recourse after a single accusation (not conviction) of copyright infringement. Has this happened to anyone else?

Filed Under: copyright, due process, one strike
Companies: esa

Only ISP In Town Pulling Plug On Suspected File Sharers With No Recourse [Update]

from the guilt-by-accusation dept

With all the talk about various "three strikes" plans to kick accused (but not convicted) file sharers off the internet, it appears that one ISP, called Kaloo, in the UK has taken this to an extreme: it's kicking people off on the first accusation of infringement, with no warning, and the only way to get reconnected is to sign a form admitting guilt and promising not to do it again. Even worse? It's the only ISP in town, so people who get kicked off are basically without an internet connection. What's really odd is that the ISP doesn't seem to recognize how a complete lack of due process is a problem, calling the program "reasonable" and suggesting it "protects people from illegal activity." No, actually, it doesn't. It cuts people off from what's increasingly a vital communications system without any real proof or due process. Doesn't that seem like a problem? Update: With all the fuss and publicity from the BBC article the ISP seems to have agreed to change its policy to a "three strikes" one. That's still not great, but better than the one strike plan.

Filed Under: copyright, hull, isp, one strike, three strikes, uk
Companies: karoo