Chilling Effects: notice-and-terminate
Posted on July 12, 2006
The British Phonographic Industry (don’t they sound all up-to-date) has decided that it can demand that ISPs immediately shut-down a customers DSL connection without having to go to court and provide, you know, evidence. This is similar to the notice-and-takedown provisions already in use to stifle Scientology skeptics and deter Diebold disbelievers (go alliteration!).
Cory Doctorow writes:
Notice-and-takedown is a censor’s best friend, but as the music and film industry can attest, it hasn’t made any kind of dent in copyright infringement. For one thing, it’s wholly ineffective against P2P file-sharing — notice-and-takedown only works on stuff hosted on an ISP’s web-server, not on a customer’s own PC.The new proposal for notice-and-termination aims at creating an even more radical version of this judge, jury and executioner privilege the entertainment industry has secured for itself. Under notice-and-termination, you need only claim to be an aggrieved rightsholder to actually knock someone’s DSL circuit offline.
But this is not just the BPI either as this sort of power is proposed in UN treaty obligations so that every ISP would have to perform under this sort of regime. Read all of Cory’s rant. Link to BBC story.
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