As so-called “three-strikes” plans have begun gaining popularity around the web, consumer advocate groups and consumers alike have become increasingly worried. For starters, many places that were early supporters of three strikes plans failed to include exceptions for legitimate accidental allegations, leaving the alleged infringers with a mark on their record and no way to remove it. Even worse, however, were already hesitant ISPs from acting as the entertainment industry’s “copyright cops” by permanently kicking off paying subscribers. As negotiations for ACTA and similar bills have been ongoing, many wondered how the U.S.’ own copyright enforcement plan would turn out.
Good news: For now it appears the pitch forks and fire can be put away. Despite earlier leaked text saying otherwise, the new “Six Strikes” plans actually look pretty “fair”…
Most three-strikes plans follow a general path:
- Step 1: Alert user of infringing activity.
- Step 2: Alert user again warning this is his/her final chance.
- Step 3: Alert user they have no more warnings and cut off their internet access.
Now, step 3 could be a temporary ban for a few days or weeks to as long as forever. Coupled with the fact that many three-strikes plans don’t make exceptions for extenuating circumstances — circumstances such as a parent finding their kid doing some heavy file-sharing in their bedroom — and thereby no way to remove an false positives on their account/IP/address was troubling to say the least. But all does not appear to be lost…yet.
Today it has been made known that five major U.S. ISPs have agreed on not a three, but “six strikes” plan. The ISPs in support of the new bill — AT&T, Verizon, Comcast, Cablevision, and Time Warner Cable — will also buck the harsher tactics taken by current three strikes laws in a campaign aimed more at education rather than prosecution.
The Six Strikes
- 1st Warning: Basically a “hey, don’t do this” letter with several tips on educating users about the proper uses of file sharing.
- 2nd Warning: Similar to the first except…it carriers a “2″.
- 3rd Warning: The third warning continues with the written/typed alert and file sharing tips as well as a new click-through pop-up that forces the user to acknowledge their actions, associated risks and confirm that they received the alert.
- 4th Warning: See “3rd Warning”.
- 5th Warning: After the 5th warning, ISPs will engage in “Mitigation Measures” including but not limited to: throttling internet speeds for a set period, limiting a user’s ability to reach a certain link or landing page until contacting the ISP about its contents, and just about any other measure the ISP in question deems necessary.
- 6th Warning:If the ISP didn’t being “Mitigation Measures” with the 5th warning, they will now. Similar to warning number 5, ISPs will could also enact new measures against you or your account.
What’s most encouraging with the new six strikes measures are built-in consumer protections that come into focus before the most serious 5th and 6th warning letters. First and foremost, consumers will be able to appeal infringement notices/allegations, though not by a judge. At this time it’s not quite clear who will preside over the appeals process. Then again the fact that there even is one is a good first step. Second, to keep people from abusing the appeal process, a $35 fee will be levied on each and every appeal. On the flip side, whoever is reviewing the appeal can waive the fee. Finally, alleged infringers always have the option of taking their ISP to court.
While no one likes the type of filtering and “inspecting” the ISPs are now being required to do, it’s at least somewhat reassuring to see a decently “fair” solution that favors consumer protections instead of entertainment company’s and major labels’ wallets.
Via: Ars Technica
