[AusNOG] "ISPs agree to graduated warnings for pirates"

Sun Feb 22 08:33:04 EST 2015

So, the draft code is here:

http://www.commsalliance.com.au/__data/assets/pdf_file/0005/47570/DR-C653-2015.pdf

A couple of questions.

- How does this affect businesses, companies, etc which has many users
behind their connection.  Universities/Schools, Internet Cafes, corporate
internet, public wifi, etc - which may or may not have the ability or
detect what their users are doing.

What will be the penalties of businesses who can't identify the abuser?
Will a company be taken down because of a user?

Based on the definitions an 'Account Holder' is a natural person on
Residential fixed internet account'.  Does does mean businesses (of any
size) as end users are exempt?

Will a family be taken down because of a childs actions? Is everybody
affected by the actions of one/few?

What if the account holder ceases to be a customer of 'that' ISP?  With the
trend of short term accounts, a user could move between an ISP every month
at little cost... so as long as they rotate every month or two, this
process is moot?

----Specific Questions----

3.9.2 - This seems like a VERY administratively costly method.  Why not
just email?  Pop-Ups is VERY hard technically to do and potentially
requires intercepting of communications.  Registered mail is VERY expensive
in bulk and may end up costing a LOT of money.

3.10.3 - Why is the account holder paying? What if they can't afford to pay
it?  I'd like to see the circumstances on which it can be waived? and how
the panel will pay for the costs of evaluating the work involved.

3.10.8 - Are you suggesting that the panel has the power to ask ISPs to
bypass privacy legislation?

3.10.10 - How will the panel handle people who have been hacked (virus,
wifi, etc etc) and there defence is simply "We didn't do it" regardless of
wether their connection actually did or not?

3.11 - What is ISPs don't? Or if they lose the information through systems
failure, hacking, or mistake?

3.12.7 - Is the ISP required to be involved in the request? Who will pay
for this?

3.12.10 - So you are saying that this is a paper tiger and accomplishes
nothing but a bunch of emails and potential costs for ISPs?

*4.1.3 - Equal? Why? Why are ISPs being forced to pay for the policing of
this?  What mechanism will ISPs be forced to pay for it?  How much will
panel members be paid for this? This could end up in hundreds of thousands
of requests and be more than a full-time job.  How will it handle thousands
of queries from account holders?*

In the Process flow.3 - Match IPA to Service.  If an ISP does not track
this information, are they able to ignore all requests?

If this is all so important... then why isn't the Comms Alliance building
and hosting a platform to facilitate this process, paying for lawyers and
so on?

There are a LOT of other things in this draft, but I think overall it is
massively faulted and based on a bad foundation that ISPs are responsible
at all for what their users are doing.  It shifts an admin burden to the
ISPs that has cost implications which are unknown and could be very
significant - if not business affecting - to smaller players.

If the ISPs of Australia do not fight back against this, many many small
players (and bigger ones too) could be crippled by this process which the
Comms Alliance has agreed to.

...Skeeve

--

Skeeve Stevens - The ISP Guy

Email: skeeve at theispguy.com ; Twitter: @TheISPGuy
<https://twitter.com/TheISPGuy>
Blog: TheISPGuy.com <http://theispguy.com/> ; Facebook: TheISPGuy
<https://www.facebook.com/theispguy>

Linkedin: /in/skeeve <http://www.linkedin.com/in/skeeve> ; Expert360:
Profile <https://expert360.com/profile/d54a9>

On Thu, Feb 19, 2015 at 5:42 PM, Peter Tonoli <peter at medstv.unimelb.edu.au>
wrote:

>
> Just to let you know, from the headline of this email, the whole ISP
> community has agreed to this.. ISPs agree to graduated warnings for pirates
>
>
> Draft copyright infringement code published.
>
> Australian internet service providers have agreed to implement a graduated
> warning scheme for users engaged in online copyright infringement, as part
> of a draft industry code issued today.
>
> The Communications Alliance, the ISP representative body, today unveiled
> the draft code in order to meet the Government's April deadline for an
> agreed industry plan for self-regulation.
>
> The federal government late last year warned ISPs and rights holders that
> it would enforce its own code for tackling online copyright infringement if
> the industry could not agree on one.
>
> The ISP body published a draft version of the code today [ pdf] . It will
> apply only to fixed-line connections, and will see a series of escalated
> warnings issued to those suspected of downloading content such as films and
> TV shows without paying.
>
> But the ISPs and rights holders are yet reach agreement on who will fund
> the scheme - the main reason similar talks broke down in 2012 - as well as
> how many notices will be sent during the first 18 months of the code's
> operation.
>
> From:
> http://www.itnews.com.au/News/400747,isps-agree-to-graduated-warning-notices-for-pirates.aspx#ixzz3SFklq8dz
> --
>
> Peter Tonoli < peter at medstv.unimelb.edu.au > +61-3-9231-2399
>
> _______________________________________________
> AusNOG mailing list
> AusNOG at lists.ausnog.net
> http://lists.ausnog.net/mailman/listinfo/ausnog
>
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