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Aussie ISP Scans Downloads For Copyright Violation

Steve Nakhla writes: "According to this article, Excite@Home has begun snooping users' downloads in order to find copyrighted or pirated material. Violators have their access cut off. As an Excite@home user, this alarms me. What exactly is their definition of copyrighted? Doesn't the New York Times copyright their online articles? Can I not view them any more for fear of violating Excite's policies?"

108 of 423 comments (clear)

  1. This post is copyrighted. by exi7 · · Score: 3, Funny
    Therefore, by reading it, you will be arrested. Expect your service to be terminated any second now.



    (c) exi7, 2001. All rights reserved.

  2. That means they'll pay people by SpanishInquisition · · Score: 5, Funny

    to watch the porn we download.

    I want one of these jobs.

    --
    Je t'aime Stéphanie
  3. ways around this crap? by Alcimedes · · Score: 2, Interesting
    i have a quick question. would something like pgp work to stop this snooping garbage? just have the data encrypted when you send it to people, and then no one can snoop, right?



    it would be a bit of a pain, but nothing too bad. ftp servers would just contain the key when you log in, and irc people could just have the key displayed every min. or so.



    nosy bastards oughtta leave me and my data alone!

    1. Re:ways around this crap? by interiot · · Score: 2

      You can only do that if you're transmitting data that's copyrighted by you via that channel. So perhaps if you upload your biography every time you download MP3's from an FTP site... they'll still be able to sue you, but you can sue them too, and be able to use their suit as evidence.

    2. Re:ways around this crap? by kaisyain · · Score: 2

      Yeah...right. All you have to do is convince everyone to start encrypting the data.

      With the way PGP and IPSec have caught on like wildfire I imagine that'll happen any day now.

    3. Re:ways around this crap? by interiot · · Score: 2

      No silly, you don't sue the FTP site's owner, you sue the people who would unencrypt the encrypted connection to see if you're downloading RIAA MP3's.

    4. Re:ways around this crap? by Fencepost · · Score: 2
      And then you can prosecute them under the DMCA for "circumventing a protection device" if they manage to decode it anyways.

      No, you go after the person in charge of the monitoring for disseminating a circumvention device by distributing it to employees.

      --
      fencepost
      just a little off
    5. Re:ways around this crap? by mikethegeek · · Score: 2

      "i have a quick question. would something like pgp work to stop this snooping garbage? just have the data encrypted when you send it to people, and then no one can snoop, right?"

      Yes, it would. But are there any FTP sites, etc, who transmit/receive in PGP? I doubt it. On the bright side, this sort of crap is JUST the thing to incentivise the OSS/FS community to come up with such a thing.

      The harder the IP cartel swings the hammer, the thicker people will armor themselves.

      --
      === The price of freedom is eternal vigilance
  4. Good business strategy by MicroBerto · · Score: 2, Insightful

    Isn't this company in financial trouble? That sounds like a great way to make more money! Spend it on extra employment while cutting your customer base at the same time!

    --
    Berto
    1. Re:Good business strategy by nfras · · Score: 2, Interesting

      Well, not only is Excite@Home in trouble, but Optus, the Australian partner is due to be taken over by Singtel, which is 70% owned by the Singapore government. Amid the recent allegations of spying on Australia by Singapore, it looks like the guys at Optus@Home are getting some practice in for when Singtel take over.
      Oh yeah, and the Australian Defence Department uses Optus for satellite communications. So that means that we are allowing our second largest Telco, which has a record of snooping on its users, which also provides telecommunications services to the military and ASIO (Intelligence), to be taken over by a foreign government which has a track history of spying on us! Christ, I thought the western world had a dim enough view of Australian security without this shit.

      --
      You call me a pedant? I prefer the term "correct"
    2. Re:Good business strategy by Sloppy · · Score: 2

      Well, it's probably a Catch-22 type situation. If they do this, they lose customers. If they don't do this, they suffer pressure from somewhere else, probably a liability risk or something. Maybe they've been getting threatening letters from ??AA. It's hard to believe they just decided on their own, to start doing this.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  5. How is this different from a wiretap? by KosovoYankee · · Score: 5, Insightful

    If Ma Bell was listening to my phone calls to see if I was committing a crime, I would simply get 2 cans and an extremely long string. There is no way this can be defended ethically: Because they provide you with a service, as a corporation, they can legally observe and log every detail of enery task you use the service to complete? While a nation's highways may belong to the federal government, they still need probable cause to stop you and "observe" what you have under the seat of your car, or in the trunk. This complete circumvention of probably cause is ludicrous. As stated above: Imagine if the phone company did this!

    --
    - If This Peace Is Fictious, I Shall Destroy It
    1. Re:How is this different from a wiretap? by stevew · · Score: 3, Interesting

      First off - we're talking about Australia - they have a different take on things down there, and what may be legal here might not be there (and vice-versa.)

      If I recall correctly, the 1996 Telecommunications Act made ISP's the equivalent of common-carriers, and they are exempt from worrying about content issues. The DMCA modified that to the extent that you can be tried and convicted by the ISP by them merely receiving a letter claiming you've done something wrong. The DMCA requires that they take action upon receipt of a letter. So - the ISP can only be held liable if they don't take action.

      My solution is to send all the lawyers in the land to this little island off the coast of Africa where there are no scheduled boats or planes. This in and of it self should take care of congress since it's mostly lawyers. Think of what a wonderful world it could be! ;-)

      --
      Have you compiled your kernel today??
    2. Re:How is this different from a wiretap? by JohnG · · Score: 3, Insightful
      Because they provide you with a service, as a corporation, they can legally observe and log every detail of enery task you use the service to complete?

      Forgive my ignorance on this matter, but don't ISP's ALREADY log every task you complete? I could be wrong, but I would think they have records of what websites and newsgroups and such you've been to. This info is probably supposed to be kept private, but who knows nowadays.
      Either way, it's just short hop from logging all your internet activity to MONITORING all your internet activity. It just surprises me, that of all the crimes they could go after, copyright infringement is the one they chose.
      Looking at my past posts you'll see that I'm actually in defense of copyright more so that most slashdotters, but if they HAVE to violate our privacy, can't they do it to keep tabs on who downloads instructions for making nuclear bombs or who sends porn spam to potentially underage kids or something? Next to the wealth of dangerous and or illegal content on the web, copyright seems kinda harmless.

    3. Re:How is this different from a wiretap? by Anonymous Coward · · Score: 2, Flamebait

      First off - we're talking about Australia - they have a different take on things down there, and what may be legal here might not be there (and vice-versa.)

      Well, sure. Australia was founded as a penal colony. Everyone is descended from criminals. Everybody knows that. That's why their judicial system is founded on the perfectly valid notion of "guilty until proven innocent." As upside-down as it may seem (like everything else about that antipodal garden of strange), in Australia the police actually have to get a warrant if they're not going to search your private effects.

      Anonymous cowards are currently offering seminars to assist the humor-impaired.

    4. Re:How is this different from a wiretap? by TekPolitik · · Score: 3, Interesting
      At first it looks like it may be an illegal wiretap. This is covered by the Telecommunications (Interception) Act 1989 (Cth). The difficulty lies in the interpretation of "Interception" in section 6 of that Act


      Don't worry too much about subsection 2, none of those provisions apply even though it looks like they might. Subsection 1 is the problem, because it defines interception as "listening to or recording". Since the software downloads are not audio content, they're not "listening to" it, and it seems unlikely they're recording it. There's no reason to expect a court to decide that a checksum, CRC or other hash would constitute "recording", since "recording" implies substantially duplicating the content rather than merely identifying the content probabilistically.

      It is unlikely that a court would hold that anything other than the reproduction of the content itself would constitute "recording".


      IANALY,TINLA

    5. Re: How is this different from a wiretap? by elemental23 · · Score: 2, Informative

      Forgive my ignorance on this matter, but don't ISP's ALREADY log every task you complete? I could be wrong, but I would think they have records of what websites and newsgroups and such you've been to.

      Speaking as an employee of one of the top five largest ISPs in the world, I can say there is no way we could do that. Do you have any idea the hardware and disk space it would require to log everything our users do?

      Not to mention that we don't care. It isn't any of our business unless you're breaking the law or violating our AUP (eg, spamming, etc), in which case we find out about it when we get complaints.

      --
      I like my women like my coffee... pale and bitter.
    6. Re:How is this different from a wiretap? by cyberformer · · Score: 2, Insightful
      "if they HAVE to violate our privacy, can't they do it to keep tabs on who downloads instructions for making nuclear bombs"


      In the UK, they do exactly that: Under the Regulation of Investigatory Powers (RIP) Act, every ISP or even operator of a private network (like a corporate LAN or a cybercafe) has to help the police by scanning their traffic for potential terrorist content. If they don't, it's five years in the slammer.


      South Carolina has a similar law regarding child pornography.


      Of course, if you're opposed to these laws, you must be a terrorist or a child molestor...

    7. Re:How is this different from a wiretap? by IronChef · · Score: 2

      Imagine if the phone company did this!

      Virtually no one today will understand that argument. Everyone of every age "gets" the phone. Internet connectivity is too new. In a generation or two, people will "get" it, but it will be too late. They'll probably be conditioned by then, narcing on each other for trading compressed music files, and expecting every byte they move to be monitored. Hell, they'll probably demand it for their own "safety."

    8. Re:How is this different from a wiretap? by darkonc · · Score: 2
      When I worked for an ISP doing Email admin, I had an interaction with the security person at an Australian ISP (this was a couple of years ago -- before their censorship act). He said that Australia had some pretty strong privacy legislation that prevented them from tracking what people were doing with their connection --
      This included the purpose of my call, which was the tracking and killing of a SPAM source.



      His comment was that this (accidental) protection of spammers made Australia a haven for spammers. My thought is that, if they can't nail spammers for spamming -- even with complaints -- they should not be able to do any sort of 'big brother' monitoring either.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  6. Not all of @Home by alanjstr · · Score: 3, Informative

    The article says that this is Optus@Home, in Australia.

    1. Re:Not all of @Home by interiot · · Score: 2
      You're partially right.

      http://www.excitehome.excite.com.au/about.html:

      • Excite@Home Australia was formed in June 1999 through the joint venture of leading US broadband service provider, At Home Corporation and Australian integrated communications company, Cable & Wireless Optus.


      • Working closely with Cable & Wireless Optus, Excite@Home Australia delivers Optus@Home, the high-speed cable Internet service.



      I'm still scared though... certainly the main Excite@Home company had to agree to do this sort of thing. Which means that they're perfectly willing to do it, depending on the legal climate.
  7. Rights of the People by NitsujTPU · · Score: 2, Insightful

    What ever happened to the rights of the people coming before the rights of companies? Has government become so weak that they cannot protect a company from being crushed by another because of those who use its services? Have companies become so much more powerful than the gorvernment that the word of the the people cannot be heard? Have the minds of the masses been so poisoned with anti-government claptrap that they cannot see that the government can set them free rather than imprison them?

    1. Re:Rights of the People by NitsujTPU · · Score: 2, Insightful

      What I mean is that in the minds of the people, "Techies think MS is bad." Is about as far as they comprehend corporate issues. Many accept lower level goods "upgrades" that just take away features, and the like because they are absorbing a media blitz as opposed to making informed decisions. The fault being with neither the companies for protecting their interests, or the government, but the people blame the government, who has to cave to the interests of the corporation since ONLY the corporation is making its voice known in a coherent sense, the people only blasting illiterate claptrap like "fuck the gorvernment, it's their fault," when really the only possible PROTECTION is through their use of the government, but since so few make their voice heard, it APPEARS that the corporate interests are the only ones with a voice.

      Trust me, I'm capitalist through and through, I'd gladly take the helm of a company, and I trade stock regularly.

  8. @home? by room101 · · Score: 2

    Seems like they should have more important things to worry about that implementing stupid crap like this.

    There is no way for them to tell if said copyrighted thing is actually allowed or not, such as the example of copyrighted documents, etc. Just cause it's copyrighted, doesn't mean you can't download it.

    --
    room101 -- how much can you stand before they break you?
    (they always break you eventually)
  9. Disconnect all /. viewers by the_other_one · · Score: 2, Funny

    This post is copyrighted by the_other_one.

    You must purchase the right to read my posts or be cut off by your ISP.

    My current rate is $200.00 CDN per character. Please email me the cash prior to reading.

    --
    134340: I am not a number. I am a free planet!
  10. access cut off?? by canning · · Score: 3, Funny
    Why don't the Aussie's just give the guilty parties the boot? I saw it on T.V. once, it seemed to work.

    --
    I love the smell of Karma in the morning
  11. It's just a little CYA by TrollMan+5000 · · Score: 2, Insightful

    They're doing this to merely keep themselves clear of copyright infringement lawsuits.

    That's all fine and good, but the way they go around doing it is wrong. From the article:

    The users added that if an individual is breaking the law on the Internet, it should be treated in a similar way to somebody abusing the telephone system.

    "The police should have to apply for a warrant and then present that to the telco to authorise monitoring for a specific person for a specific period," the reader said.


    The people are getting upset with the ISP. Their ire should be directed at the real source of the problem: the copyright industry. It's gotten so bad that even ISP's are driven to the point of paranoia about copyrgiht infringement.

    My question: Is it all worth it?

  12. *FWOOSH* by Psarchasm · · Score: 5, Funny

    Hear that? Thats the sound of a giant toilet flushing your privacy down the drain (counter-clockwise).

    --
    http://windows.scares.us
    1. Re:*FWOOSH* by scrytch · · Score: 2

      > Water in drains and toilets are NOT effected by there location on the earth

      YHBT. HAND.

      Chuck "twirling, twirling (counterclockwise) toward freedom!" Adams

      --
      I've finally had it: until slashdot gets article moderation, I am not coming back.
  13. More Below by NitsujTPU · · Score: 2, Funny

    Oh yeah, and how can I capitalize on this?

  14. This scares me by jimmcq · · Score: 2, Interesting


    I've never been one to feel paranoid, but this kind of stuff creeps me out!

    They can monitor my computer use at work... and now they are monitoring my computer use when I'm at home.

    This just sounds like another case of innocent until proven guilty... Not even the government can monitor this kind of stuff without the proper warrent, but this corporation can. When exactly did the big corporations get more powerful than the government??!?

    What ever happened to the right to privacy? How have we let things get to this point?

  15. Copy rights and viewing by Zachary+Kessin · · Score: 2

    All newspapers copyright their content. However if they have it on their web site you can assume that you can view it. After all if they didn't want you to view it they wouldn't put it online. You can even save a copy for later. And you probably can email it to a friend. In fact many papers have an "email this to a friend" icon. About the only time you could have problem is if you put it on your own web site. In that case you should ask, or post a link.

    --
    Erlang Developer and podcaster
  16. Magic Data? by sllort · · Score: 2

    If there are any lawyers in reading, we need a magic document that has the following two properties:

    1) It is an illegal copy of a copyrighted work

    2) Reading the document violates lawyer-client privelege, doctor-patient privelege, or the DMCA, preferably all three.

    For instance, the document has a copyrighted non-illegal trailer and the entire document is zipped using the password "password". By detecting the copyrighted payload, we can sue them for accessing the non-illegal trailer which was protected by the "PkZip" anti-circumvention device.

    If we can find this piece of data and get an Excite@HOME user terminated for downloading it, we can prosecute Excite for reading it, preferably under the DMCA.

    Suggestions?

    1. Re:Magic Data? by Rick+the+Red · · Score: 2
      IANAL either, but what you say makes sense. Still, I think I'll carefully re-read my @Home agreement tonight! This sucks, and they may well be doing it here in the U. S. of A. if their agreement says they can...


      You know you're screwed when the only internet access available to you is from Ma Bell, because the other Ma Bell refuses to serve you. That's me, screwed! And Teledesic won't be available for years...

      --
      If all this should have a reason, we would be the last to know.
  17. From the article: by JoeShmoe · · Score: 2

    "I wouldn't call it policing, we're just trying to comply with the law and by highlighting the issue to customers, its putting us in a better position as acting as a responsible Netizen on the Internet," the spokesperson said.

    Did anyone else read this and see the word Nazi-an? "Comply with the law! Schnell! "

    - JoeShmoe

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  18. Fugheddaboutit! by xyzzy · · Score: 2

    First of all, this is Australia, which has, if it can be believed, even more draconian IT-related laws than the US.

    Second of all, WHOMEVER@HOME is going to be out of business in about a week, so no worries, right? :-)

  19. woah, WOAH!! by Telek · · Score: 4, Insightful

    Isn't this a MAJOR invasion of privacy? I can't remember exactly, but I seem to remember that ISPs were told they were NOT allowed to do that to modem users, as it violates several privacy issues. You're required to get a warrant prior to initiating any snooping whatsoever. Just like the Telephone, they can't do that!

    And besides, HOW do you tell what's pirated and what's not, from random streams of data? If I download 2 movies at a time, it's going to seem like garbage (a raw stream that is). And HOW do they know that it's pirated? How can they distinguish a pirated movie from a non pirated one? Similarly with data or music, how can you tell? What are they going to do, scan for patterns that might match? Get someone to watch all movie streams and listen to all audio streams? Think about how hard it would be to figure that out. Or are they just going to scan what SITES you visit, and then ASSUME you're pirating? This is crazy!

    --

    If God gave us curiosity
    1. Re:woah, WOAH!! by Angst+Badger · · Score: 4, Interesting
      Isn't this a MAJOR invasion of privacy? I can't remember exactly, but I seem to remember that ISPs were told they were NOT allowed to do that to modem users, as it violates several privacy issues. You're required to get a warrant prior to initiating any snooping whatsoever.

      Yes, it's an invasion of privacy, but the question is whether it is an illegal invasion of privacy. If it was a government agency doing it, then yes, they'd need a warrant. For a private company to monitor what its customers are doing with company equipment is another matter altogether, and in many cases may be perfectly legal.

      In some states, for example, you can legally record (your own) telephone calls without informing the party at the other end. Tennessee is one of those states. Maryland -- as Linda Tripp learned to her dismay -- is not.

      Please bear in mind that there are extraordinary restraints on the actions of government agencies because they have extraordinary powers. Private citizens and private companies are under much lesser restraints. Moreover, analogies between telcos and ISPs (or between the telco branch of Big Fnarking Company and its ISP branch) are flawed because there are very specific laws governing common carriers, which telcos are, and few laws governing ISPs which are not, I repeat not, common carriers.

      I'm not saying this is the way it should be, but in the absence of laws to the contrary, that's just how it is. Considering that ISPs can and have been held responsible for the actions of their customers in some instances, management may feel like they have to cover their butts by snooping. Of course, they may also just be tired of losing money on MP3-and-warez-sucking bandwidth hogs.

      --
      Proud member of the Weirdo-American community.
    2. Re:woah, WOAH!! by jefftp · · Score: 2

      Fortunately, in the United States of America, such a practice is unlawful under US Code Title 18, Section 2511: http://www4.law.cornell.edu/uscode/18/2511.html

      I believe this came about with the Communications Act of 1986, probably one of the best acts of privacy protection in the modern era.

      My condolences to the Australians, who have no such protections.

    3. Re:woah, WOAH!! by TekPolitik · · Score: 2
      Yes, it's an invasion of privacy, but the question is whether it is an illegal invasion of privacy. If it was a government agency doing it, then yes, they'd need a warrant. For a private company to monitor what its customers are doing with company equipment is another matter altogether, and in many cases may be perfectly legal.


      In most situations where the government would have to get a warrant to intercept telecommunications, so would the telecommunications carrier (ISPs are legally telecommunications carriers in Australia). The exemptions for the carrier relate to interception in the normal course of operating the equipment and detecting crimes against the operation of the equipment itself.

    4. Re:woah, WOAH!! by Telek · · Score: 2

      Really good point... Think about how much "personal" information is currently sent over the internet in plaintext. Sure it warns you every now and then, but the chance of someone actually listening in is next-to-none. Could you imagine actually having to worry about such things?? This is crazy... There must be something wrong about that article...

      --

      If God gave us curiosity
    5. Re:woah, WOAH!! by Telek · · Score: 2

      Heheh yes, and you post as a coward...

      There is a huge difference between being the computer that initiates a transfer, and poking in the middle of something going "what's this?". Unless they monitor all communications of everybody, they are liable to be poking in here and there, and not necessarily having the entire contextual information required to discern what it is they're looking at. OK, perhaps I chose a bad example, but it was the point behind it that I was trying to make. It's simply not possible to grasp through raw data streams to know if something you're looking at is pirated or not, without actually saving every bit that is passed to/from every client, which in itself would be a hard task to do.

      --

      If God gave us curiosity
    6. Re:woah, WOAH!! by Telek · · Score: 2

      If however, we are simply "protecting a communications system" then we can sniff all day


      If this is indeed legal, it's wrong to be allowed to do so. I suppose that the clients of the companies sign agreements saying that they will permit this (however do they really have any choice? You are required to work to live, and to work you must sign away some of your rights to privacy??).. I dunno, it's unsettling to know that they can lawfully do that.

      I also find it very humourous, that IANAL acronym... My mind keeps parsing it to a contraction of I AM ANAL... sorry, no offence =)

      --

      If God gave us curiosity
    7. Re:woah, WOAH!! by Telek · · Score: 2

      Yeah, way back when, I was running a FTP on port 21, and got a warning from @home. However I switched the FTP to a different port, and have been running for more than one year, pushing an average of 1.5GB/day (total up/down), and have yet to hear anything. Plus when I was talking to some techies, they informed me that not only does rogers not have the capability of doing so, it's not even possible to tell how much utilization is on a particular segment, not even from being at the hardware site itself. Now this may be due to a certain set of hardware they were using, but I have also asked other techies about utilization, to which they replied "well, there are 58 of 73 modems currently turned on in your segment", and that's all the information they could give me.

      So in any case, I doubt that they have the capability of telling how much bandwidth a single user is running. Due to the fact that another friend who accidentally had an FTP running on port 21 also got flagged (who had never used it), I'm assuming that they simply did a port scan to try to find servers.

      Finally, if @home really cared about servers, all they would have to do is run a script that scoured napster/gnutella/etc/etc and grab any IPs that fall in their jurisdiction, match it to emails, and fire warnings off to them. Due to the fact that they have not done this (or at least not to my knowledge), leads me to believe that not only do they not care, but they are probably not charged per MB of bandwidth either, which is probably why they don't care. Man, they must have some MASSIVE FAT PIPE onto the internet. Or many many smaller ones =).

      --

      If God gave us curiosity
    8. Re:woah, WOAH!! by Telek · · Score: 2

      Good call.

      However I also seem to remeber that ISPs are not responsible for what their members are transmitting, provided that they take all reasonable steps to prohibit unauthorized usage and remove any such usage once informed of it.

      I also don't think that they should be responsible for it. They're just the medium. This is like suing tobacco companies or gun manufacturers... It's The American Way (tm). If you can't beat 'em, sue!! Don't get me started on that one =)...

      --

      If God gave us curiosity
    9. Re:woah, WOAH!! by Telek · · Score: 2

      another very good point.

      So if I just randomly connect to people, and start sending them copies of the latest Metallica song, then they are responsible and can loose their access?

      Don't forget that if you're just scanning the netwaves, you don't know (necessarily) if the destination computer is accepting the packets. So I could just be broadcasting away, raising all sorts of flags for innocent people?

      --

      If God gave us curiosity
    10. Re:woah, WOAH!! by Telek · · Score: 2

      right, but do they force the cigarette in your mouth and light it for you?

      Anyone who smokes knows the risks of smoking, this is no secret. If you still choose to do so, then that is your choice, out of your own free will.

      --

      If God gave us curiosity
    11. Re:woah, WOAH!! by Telek · · Score: 2

      Oh, really? So if I have a *movie trailer*, or home videos or anything else that can be packaged in video form on computers, it's automatically pirating? From what you say, that means that all digital video is pirating?

      Woah. Thanks for clearing that one up for me...

      --

      If God gave us curiosity
  20. Invasion of Privacy? by theNAM666 · · Score: 2

    What's the status of privacy protection in Australia? In the U.S., at least, a telco can't drop "we can listen in on your conversations at any time to see if you're using the lines to illegally play your grandson exchange tapes of Johnny Carson" into a AUP, and then get away with "occasionally sampling" communications. Violation of the Electronic Communications and Privacy Act of 1990, among other things -- and clearly criminal.

    Does Australia have similar protections? Is this a bunch of arrogant sysadmins thinking they own anything on their machines? I'd love if this were a case where someone like the EFF could go after Excite@home with guns blazing...

  21. Isn't everything copyrighted? by Kraft · · Score: 2


    "Doesn't the New York Times copyright their online articles? Can I not view them any more for fear of violating Excite's policies?"

    In Denmark, whatever you produce (texts, images, lyrics) is automatically your copyright. You don't buy it, or have to specifically declare it copyrighted. Isn't it like this in the States?

    --

    -Kraft
    Live and let live
    1. Re:Isn't everything copyrighted? by wishus · · Score: 2

      In Denmark, whatever you produce (texts, images, lyrics) is automatically your copyright. You don't buy it, or have to specifically declare it copyrighted. Isn't it like this in the States?

      Yes, it is. But if you ever go to court to defend it, things become so much easier if you have registered it with the copyright office - that establishes exactly what you created and attaches a date to it.

      Another thing I have heard about is mailing it to yourself, and not opening the package. This passes it through a government agency (the USPS) and gives it an official date (the postmark). This would probably be better than nothing, but I wouldn't trust it like I would trust an official registration with the copyright office.

      So while I theoretically own the copyright on everything I create the moment I create it, proving the what and the when is tricky without a registration.

      This is all in the US of course.

    2. Re:Isn't everything copyrighted? by raresilk · · Score: 3, Informative

      Yes, it's automatic via authorship in the USA, although I believe it formerly was not. I think the poster may be confusing the "copyright notice" (which is commonly placed on copyrighted material to clarify that it's being distributed subject to the author's copyright, rather than being released into the public domain) with the copyright itself. There is an additional USA procedure called "registration," which you need to do in order to bring a lawsuit on your copyright, and also registration is helpful in the dispute itself (e.g., it places a time stamp on your claim of authorship.) But the copyright itself exists even if you never register. There is one exception called the "work for hire" rule. If you author something as part of your employment duties for your employer (like software if you're a programmer) then the copyright automatically goes to your employer, unless you make special contractual arrangements. But if you write a song in spare time, that's still your copyright, because it's not what the company hired you to do.

      Additional disclaimer - IAAL, but not a copyright specialist.

      --
      No, no, no. This is not a sig.
    3. Re:Isn't everything copyrighted? by $FFh · · Score: 3, Informative

      Yes, any work you create is automatically copywrited unless you specifically put it in the public domain.
      http://www.loc.gov/copyright/circs/circ1.html has more details.

      IANAL, but i do play one on /.

    4. Re:Isn't everything copyrighted? by howardjp · · Score: 2, Informative

      No, your heirs own the copyrights for 75 years after you die. Unless you transfer them. And patents last 17 years. Please, do not post patently false information like the above.

    5. Re:Isn't everything copyrighted? by jhoug · · Score: 2, Informative

      According to the article Fingered by the Movie Cops on Salon, in the US Excite is not actively scanning content, but is reacting to complaints by third parties, as they are required to do under the DMCA. In other contries other rules apply, usually with much less protection of speech than here in the US. One of the things that worries me is that under current international law - the Berne Convention - eveything created is implicitly copyrighted. No need for the circle-c or "Copyright yyyy" incantations (these provide some additional notice of copyright, but aren't needed for protection like they were in the past). So restrictions of posting of copyrighted material can apply to everything, bringing discussion to a halt. Since the US claims to be in line with Berne, there is also the concept of "fair use", but various court interpretations have made this a very muddy field indeed. Replying to a post and quoting it is considered universally OK, but there are limits to the size of quotes for review or commentary (posting someone's entire book to merely say that you agree with it would still be unacceptable). If everyone in your office went to a library to copy a magazine article for their own use that is probably OK. If you make several copies to distribute to them (exact same effect) it is not ok. The DMCA seems to change all of this, and is being used extraterritorially as well. The prior restraint requirement is extremely troubling.

      --
      Recursion: To curse repeatedly.
    6. Re:Isn't everything copyrighted? by the_2nd_coming · · Score: 2

      I guess I have just read to many corperate domination stories :)

      --



      I am the Alpha and the Omega-3
    7. Re:Isn't everything copyrighted? by Royster · · Score: 2

      In the United States, copyright isn't technically automatic...

      <Bzzzzzzt!> Sorry, thanks for playing. Under current copyright law, you own a copyright in any expression you create registered or not, with out without notice.

      For a troll, it was a pretty pathetic attempt.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    8. Re:Isn't everything copyrighted? by jms · · Score: 2

      It is an open question as to whether it is even possible to dedicate something to the public domain. Under copyright law, all creative works receive automatic copyright protection the instant they are recorded in a permanent form. There is no provision in copyright law to refuse or renounce a copyright. So, in effect, since the copyright laws were changed in 1976, EVERYTHING is now copyrighted.

      Whether or not you choose to exercise your copyright is another matter entirely. Remember ... copyright is the right to exclude others from copying. Not everyone chooses to exercise that right. If everyone automatically chose to exercise that right, the web would not exist. Every page you download has a corresponding copyright owned by someone.

      Therefore saying that you are scanning for "copyrighted works" is meaningless. Everything is copyrighted, and copyright should only be enforced at the request of the copyright holder.

      I suspect that there is another agenda at play here ... a struggling company wants to expand to stay alive, but can't afford to upgrade its routers and switches. Why not identify the people using the most bandwidth, prove (or just claim) that they're trading MP3s or movies, and terminate their accounts. Every high-bandwidth using kid you get rid of frees up enough bandwidth for 10 or more low-bandwidth web-browsing grannies.

      It's the death-throes of a failing company.

    9. Re:Isn't everything copyrighted? by sconeu · · Score: 2

      And patents last 17 years. Please, do not post patently false information like the above.

      Can I put it up 17 years from now?

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    10. Re:Isn't everything copyrighted? by ryanwright · · Score: 2

      But if you write a song in spare time, that's still your copyright, because it's not what the company hired you to do.

      Not really. My father in law worked as a citizen for a major defense contractor most of his life. He developed and copyrighted a board game, of which a particular idea within the game became extremely valuable. He claims he was at one time offered hundreds of thousands of dollars for it, but that's beside the point.

      He went to renew the copyright and was unable to do so. His employer had found out about it and had filed some sort of claim against it, since he was employed with them at the time it was created. He tried to sue but under the terms of his employment was forced into binding arbitration. While the company dragged the arbitration out, the copyright expired, at which point it became completely useless to him.

      It should be noted that as a boiler operator, a board game had nothing whatsoever to do with his employment.

      This is the side of the story WE heard, so take it with a grain of salt, but I did in fact read his employment contract which stated that any ideas he came up with while employed by the company belonged to the company. It didn't matter what it was regarding. OTOH, my employment contract with a private employer is exactly what you'd expect it to be: Items developed on company time or using company ideas or information belong to the company. Otherwise, I'm free to do whatever I want in my spare time, although if I developed a better method for producing my company's products and copyrighted it for myself I'd probably be sued and fired.

      It all depends on who you work for.

      --
      -Ryan, with the unoriginal sig
  22. who's watching the watcher? by TheGratefulNet · · Score: 2
    since excite/at-home is nearly bankrupt, shouldn't they be putting their time to better use? like selling off some of their overbuilt infrastructure or learning to market their stuff so that they stay afloat longer?

    spying on people doesn't revenue bring. then again, it seems with this kind of behavior, they deserve to go [down] under.

    --

    --
    "It is now safe to switch off your computer."
  23. Not much brighter... by ChaoticCoyote · · Score: 2


    ...than my six-year-old daughter's school district. They came home from their first day of school yesterday with an "Internet Agreement". In part, it states that "students are prohibited from downloading any copyrighted material."


    1. Re:Not much brighter... by gnovos · · Score: 2

      Well, considering that everything a person writes, unless explicity stated as being public domain, is protected with a default copyright, she basically can't use the interent...

      --
      "Your superior intellect is no match for our puny weapons!"
  24. Download Linux, get your access taken away? by Tin+Weasil · · Score: 3, Interesting

    If they were really penalizing people for downloading all copyrighted materials, then you would get yanked for downloading GPL'd software, since it is, in fact, copyrighted.

    Hey! Take a look at the bottom right corner of your page when you load slashdot! There is an OSDN copyright!

    Really, I don't think any aussies who is doing anything legitimate (reading the NYTimes for example) has anything to worry about here.

    I support any ISP for yanking connectivity of anyone for any reason. It's the ISPs right. Maybe they don't like you because you don't take baths (sorry RMS).

    What is disturbing is that the ISP in question is actively monitoring it's user's online transactions and actions. That, in my OP is a violation of privacy.

  25. Common carrier status by sammy+baby · · Score: 2

    Historically, US companies would have considered this an awful idea. US ISPs have often taken the line that they are simply access providers, and should not be expected to inspect everything that goes across their networks. This is what's usually referred to as "common carrier" status, and it's what prevents people from suing the Post Office for delivering a porn magazine to a child. (Note - IANAL, but I don't think the companies have been particularly successful in claiming common carrier status.)

    The problem is that the second you start spot-checking clients data, you have essentially abandoned your status as a common carrier. In for a penny, in for a pound, as the saying goes: once you start checking, you're obligated to check just about everything to make sure it complies to the law.

    This is in Australia, where I'm sure the law is quite different. But now that so many access providers are tied to media production companies, how long will it be until ISPs in the US start pulling the same kind of tricks?

  26. Scary... but not surprising by tulare · · Score: 2

    Where I live, residential customers and businesses have two options for cable modem service, which is fabulous for a town of 20,000. The first option is provided by the city public utilities dept., which has run fiber rings throughout the town, and then coax to the curb. The city then contracts with local isps for residential service. The other option is the local cable company, which has contracted with @home to provide service. Each costs about $25 a month, although the bandwidth is with the city service, not surprisingly (I can look out my window and see the fiber node nearby).

    The biggest difference is less obvious: people I know who are using the @home get constant scans (not just one or two ports, either) from IP addresses which resolve themselves to something like portscan022.foo.home.com (obfuscated to avoid implicating the cable company, which I believe to be innocent to this activity). When I look at my logs, what do I get? A chron job from the city DHCP server polling every five minutes on port 68. And a bunch of port 80 requests from who knows where :)

    What don't I get? Why on earth @home seems to think it's ok to portscan its customers like they do. The article seems indicative of just how paternalistic they are: "We are the arbitraters of what you can and can't download. If you are running open ports, we need to know why. What? You don't like it? Read the (revised) terms of service, dodo." I consider myself lucky to have the option of broadband without @home as a provider. It's apparent that most people don't have that choice. We all know what happens when a monopoly goes unchecked.

    --
    political_news.c: warning: comparison is always true due to limited range of data type
  27. Goodbye due process by ttyRazor · · Score: 2

    This is like mall security confiscating your car for shoplifting so you can't get to their mall anymore. When people are more and more expected to have internet access for various stuff that's possibly work related or of real-life importance, getting your Internet access cut off is a death sentence. This system needs some accountability for wrongful service termination fast.

    1. Re:Goodbye due process by ttyRazor · · Score: 2

      Ok, maybe it wasn't very precise analogy. My point is that while I might not have a God-given right to Internet access, pretty soon if not already it really should be treated as something that shouldn't be denied so lightly. We're not too far off from the point where going without net access would be as limiting as not having a phone or a mailing address. Cutting someone off from something so vital for something that's no worse than shoplifting (of course "they" would like others to believe it to be as bad as murdering and pillaging, hence the label "pirate") with nothing resembling due process is... um, bad. In any case even Ted Kazinski still has the right to send and receive snail mail.

  28. I'm sorry, but ... WHAT? by aralin · · Score: 2

    So you no longer need a consent of one of the parties or a court order to intercept communication? Thats interesting news.

    --
    If programs would be read like poetry, most programmers would be Vogons.
  29. freenet by akb · · Score: 2

    Now would be a good time to start using and donating to Freenet which provides anonymous communication and is immune to censorship.

  30. Re:Here's a question... by InigoMontoya(tm) · · Score: 2, Funny

    If you're paying monthly, isn't that like renigging on a business contract...

    I think the word you're looking for there is "reneging," from the same root as the word "renegade" and the verb "renege." "Renigging" isn't a word, and could potentially offend members of certain demographics.

    That may be something you would want to keep in mind for the future... the word you used could get you into trouble (and with a little less justification than the teacher who used the actual legitimate word "niggardly" and got canned. Anyone know what happened to that teacher?)

    Just thought I'd help you avoid any future legal trouble.

    InigoMontoya(tm)

    --
    This signature is self-referential.
  31. No need to worry by jd · · Score: 2
    Excite@Home is bankrupt, 1 billion in the hole, shares around 50 cents a throw, and a headache from hell.


    If they can -afford- to hire someone to read through the scans, they'd be lucky. If they can then afford any lawyer fees in suing anyone, tell the directors to stop borrowing off their moms.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  32. Re:IHBT by smack.addict · · Score: 2
    Better yet, how do they tell the difference between me downloading my legal backup of the song from another machine I have on the net (or a backup services provider or my summer home or whatever) and an illegal copy of the song?


    In short, there is no way Excite@Home can know if the copying is legal or illegal.

  33. Re:Never thought anything would make AOL look good by Neon+Spiral+Injector · · Score: 2, Interesting

    I work for (run) a small town ISP. We sometimes fear the large national ISPs with their advertising budgets. But things like this just make me feel good.

    We care about our customers. We fought to get each one, and do our best to keep them. I remember what it was like to be a subscriber. So, I run things now as I would have liked them to be run when I was on the other side.

    We log when you log on and when you log off and what IP you were assigned. That is about it. I don't care what you do out on the net. But if you cause trouble and someone complains to us, then we take action.

    Of course broad band is a little different, you can cause a lot of trouble quicker than with dialup. We are just now deploying broad band fixed wireless. I would like to keep running things the way I do now. I hope my faith in our customers isn't misplaced.

  34. Corps are not cops and shouldn't be anyway by Randym · · Score: 2
    The ISP informed users of its Optus@Home broadband service that it would terminate customer accounts found to be downloading pirate software or copyright material.

    "What....right have Optus got to play policeman? They are a conduit-a provider, that's all," one ZDNet Australia reader said. The users added that if an individual is breaking the law on the Internet, it should be treated in a similar way to somebody abusing the telephone system. "The police should have to apply for a warrant and then present that to the telco to authorise monitoring for a specific person for a specific period," the reader said.

    "I wouldn't call it policing, we're just trying to comply with the law and by highlighting the issue to customers, its putting us in a better position as acting as a responsible Netizen on the Internet," the spokesperson said.

    They are both right *and* wrong. It *is* their system after all, so they have a right to determine access rules. On the other hand, just because something is *copyrighted* does not mean it is therefore *pirated*. They are wrong in thinking that they can have it both ways: as a conduit and as a 'law-complyer, not a policeman', as the spokesperson rather torturously puts it. A conduit, by definition, has *no* rules regarding content. The fact that they feel entitled to "[try] to comply with the law and ... [act] as a responsible Netizen" (as if a corporation were a person -- which it IS NOT), puts them squarely in the camp of being an editor of content, and, thus, no longer an actual conduit. I believe that, due to that, under Australian law, they now come under a different category of legislation. Any exemption that they received for being merely a conduit should now be re-examined in the light of their decision to become a "traffic" cop.

    I agree with the reader: if Excite@Home suspects that there is a copyright violation, they need to *go through the proper channels* -- not arrogate the law unto themselves. A corporation -- being comprised of unelected people, and, thus, being neither democratic nor representative -- is *not* the government, and shouldn't think of itself in that manner.

    --
    DNA is a Turing machine. You, however, being dynamic and emergent, are not.
  35. Monitoring means assuming responsibility for usage by hillct · · Score: 5, Informative
    This was an issue circa 1996 when ISPs were wrestling with weather or not they are responsible for the actions of their users ans as such should attempt to keep track of activities on their network. I though the general concensus was that ISPs were not liable for the infringing activities of their users, unless they state that they will attempt to prevent such activity in socuments such as 'Acceptable Use Policies'. It sounds like Excite@Home screwed up their acceptable use policy and some content provider threatened to force them to make good on their statements that they would monitor the network for 'unacceptable uses'. Reharding the acceptable use policy, they say:
    A spokesperson from Excite@Home said, "we are not watching every bit and byte, but we would randomly check from time to time."
    The US AUP for their service describes illegal acticity but doesn't seem to describe how it will be observed. I was unable to locate the Austrelian policy. Presumably is't different in this regard. Also this statement, supports my theiry that some content provider called them on a badly written AUP that they have to make good on:
    "I wouldn't call it policing, we're just trying to comply with the law and by highlighting the issue to customers, its putting us in a better position as acting as a responsible Netizen on the Internet," the spokesperson said.
    I've written a couple AUPs in my day and one has to be vary careful about what one says will be done to keep track of user behavior, because any knowlege of illegal activity must be acted upon, whereas simply providing bandwidth does not usually create so many legal obsticles, no matter how many threatening letters you may get from the RIAA and other such organizations.

    --CTH
    --

    --Got Lists? | Top 95 Star Wars Line
  36. The short version (IANAL) by dkh2 · · Score: 4, Insightful
    If it's been produced anytime since 1923 - somebody holds copyright on it.

    The real issue that nobody is talking about is licensing. Yes, the New York Times and/or the original author holds copyright on all of that stuff. However, under the conditions for access to the NYT website they have granted you license to access that material online. They have not granted you license to download (read this as "save") and redistribute any of their IP.

    It seems the real problem for Aussie ISPs is to identify the original source for anything served through them and to go after the account owners who allegedly violate copyright law.

    --
    My office has been taken over by iPod people.
    1. Re:The short version (IANAL) by linuxpng · · Score: 2

      the funny thing is they deliver facts, how do you claim copyright on 'facts'? Oh I know it's how the present it but that is beside the point.

  37. What did you expect? by Junior+J.+Junior+III · · Score: 2

    The connection providers are increasingly the same company who create the content that's being pirated. You expect they should stand by doing nothing when they can take action?

    In the old days of a few years ago, the internet was still a largely lawless frontier. Now that it's gone mainstream, some of that frontier conduct isn't going to work anymore.

    Laws must be fitted to the society/culture they are intendted to govern. The internet needs to be a legal jurisdiction if the several hundred million people who use it regularly are to get along, conduct commerce, communicate, etc.

    It's no longer the time to flaunt the existing laws by circumventing them with clever hacks. It is now the time to reform the law so that it works for the people.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:What did you expect? by Junior+J.+Junior+III · · Score: 2
      Elucidate me on what flaunt means and I'll try not to abuse it no more;)

      What I mean by when I said that the Internet had a "frontier" period was not that there weren't jurisdictions and laws that applied to the internet. But that the presence of law and enforcement of it was lax and that as often as not people had to resort to taking matters into their own hands.

      People typically rely on their own security measures rather than the force of law to keep unwanted people from hacking their systems, for example. And if they do get hacked, more often than not, they have to do the legwork to track the person because the cops sure as hell won't be able to.

      I wouldn't say that downloading is a "frontier activity", but perhaps ignoring plausible interpretations of copyright law while downloading a file might be considered "frontier".

      And at any rate, although prior laws may apply to the internet, you have to admit that the advent of the net has caused/is causing revolutions in the way people think about law.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
  38. Now that I've read the article... by DevTopics · · Score: 2

    ...I checked my browser settings.
    Though I live in germany and have nothing to fear I have to got through my settings:
    - Yes, I connect through a proxy, so the IP address is unuseable for the MPAA
    - Yes, junkbuster is active and sending only the information I want to send
    - Yes, the rest is filtered by my firewall
    Best thing, really, that it will be very difficult to track my IP address. All tests state that my IP address is either 127.0.0.1 (haha) or the address of the proxy of my provider.
    Maybe you should check imedeately if you ISP offers the same service to you...

    --
    You found a sword: +4 damage, +5 moderator points
  39. Double standard? by Platinum+Dragon · · Score: 2

    If Excite@Home Australia is going to randomly snoop on downloads for copyright-infringing downloads, on the reason that they're trying to comply with the law, can I then assume they're also occasionally snooping to determine if someone is downloading or uploading child pornography to/from IP addresses they control?

    If not, why does Excite claim it can take responsibility for actively halting one illegal activity while allowing another to continue? Or does Excite Australia decide to take action based on "pressure"?

    --

    Someday, you're going to die. Get over it.
  40. Copyright.net monitors end users already by BroadbandBradley · · Score: 2

    and then they put pressure on ISP's to have the user cut off if the material isn't removed. This service is offered to the recording industry. Copyright.net browses the file sharing tools to harvest IP's, and report to ISP's. and I 'think' that DCMA forces ISP's to respond and take action. They're grabbing data from your hard drive to verify that it's copyrighted.

    Having the ISP tap your line to snoop packets when you share your music collection on port 6346 seems silly.

  41. Re:Monitoring means assuming responsibility for us by Anonymous Coward · · Score: 2, Funny
    I've written a couple AUPs in my day

    I hope you used a spill chuker.

  42. Re:The DCMA to the rescue by SuiteSisterMary · · Score: 2

    Any interception of this could be seen as an attempt to circumvent your digital security.

    Yup, so turn off those routers, kids, cuz they most certainly intercept and decode your packets.

    Shut the fuck up, idiot. It's a PUBLIC Internet, and you have no more anonymity than you do handing a handwritten note to a passing person and asking them to 'give this to Bob if you happen to see him.'
    --
    Vintage computer games and RPG books available. Email me if you're interested.
  43. Yep by Greyfox · · Score: 2
    Build a big VPN that routes to the internet from several points and route all your traffic through it. As far as your ISP is concerned, you only ever connect to one place and transmit encrypted data.


    Sure it's a massive problem. You need to find people willing to create a cloud with you. There have to be exit points in the cloud where people with less snoopy providers route packets in and out. The larger the cloud, the more difficult it would be to eradicate it through legal means. You could have services entirely inside the cloud that could not be reached from outside it.


    I've been going on about building one of these for ages, but haven't seen much response here and haven't found many people willing to set one up. The backbone of the cloud needs to have high speed connections, and going through it WILL be slower than a direct connect. Having to trust the people running the cloud is another issue. Ideally the PGP "Web of Trust" would apply.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  44. The Godfrey vs Demon case by Anonymous+Brave+Guy · · Score: 2, Informative

    This seems a related idea to the case of Godfrey vs. Demon in the UK a while back?

    That case raised a number of important questions in UK law for the first time, regarding an ISP's status as a publisher, and hence the extent of their responsibilty for content they carry. IIRC, the court found against Demon on the basis that Dr Godfrey had notified them of the offensive postings and they then still failed to remove them.

    However, this immediately leads to the conclusion that an ISP must, for its own safety, immediately remove any posting about which it receives a similar complaint. This is obviously subject to abuse through false claims by parties upset by a genuine and legitimate post. If the original poster could then also sue, on the basis that an ISP removed their material without an appropriate reason (big question there), then an ISP is left in an untenable situation, where they have to decide immediately and without judicial support on the legality of any post about which they receive a complaint. Oops... :-(

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  45. Seems like an awful lot... by rknop · · Score: 2

    They are going to look for and suspend the accounts of users who download "pirate software or copyright material."

    Dude, all software under the GPL is copyrighted! As such, it sounds like Excite@Home is gonna start suspending your accounts if you download it. (Yeah, I know, not really, but these people have *got* to be more carefUl about how they state things. Copyrighted does not equal "illegal to copy". It depends on the license (never mind things like fair use).)

    Does anybody know *how* they're going to decide if a given download is verboten? What are their algorithms?

    The world has gotten out of hand.

    -Rob

  46. Considering that this is a company in trouble... by mikethegeek · · Score: 2

    WHY are they wasting money doing this? Also, this kind of activity SCREAMS security hole, ripe for abuse.

    Not good. And this getting out among the enthusiast, who are the EXACT people to buy broadband, can't help their chances of avoiding File 13.

    --
    === The price of freedom is eternal vigilance
  47. Not a company in trouble down here by q-soe · · Score: 2

    They are in trouble in the US not in australia - in australia they belong to Optus@Home - Cable and Wireless Optus - the second largest carrier in the region who are owned by singtel - one of the regions biggest telcos - they have plenty of money and a massive userbase - they are the only reliable cable service - i use them and get speeds approaching 6mb/sec - so please i ask you check facts before posting.

    Amreican companies are not the only ones in the world - our economy is not in the toilet - the US's is.

    --
    I refuse to argue with Anonymous Cowards - if you want a discussion get an account....
  48. Privacy, Excite@home and Australian Law by Self+Bias+Resistor · · Score: 2

    I'd be seriously referring this case to the Australian Competition and Consumer Commission (ACCC) because this represents a violation of my privacy. Your own ISP is collecting information about your internet access without your prior knowledge or permission (granted the more technically adept have already guessed it by now by looking at their access logs, but I'm also talking about the people who don't know). Yes, I know that other services have doing the same thing for years but it is easier to prevent an external company, that exercises no influence over your ISP (eg. Gator), from collecting personal information without permission.

    Now IANAL, but unfortunately there is no specific legal protection for this kind of activity (at least not in NSW) under the Privacy and Personal Information Protection Act 1998 (NSW), as the principles in the Act that must be applied in the collection and use of personal information (see Section 10) only apply to the public sector and are still subject to exemptions.

    Your best bet would be the Privacy Amendment (Private Sector) Act 2000 (which amends the Privacy Act 1988 (Cth)), as this adds conditions under which the private sector can collect personal information. It's also a Commonwealth Law, so that the Act can be applied to cases all over the country (although in most cases, the courts tend to follow the lead of NSW). One big caveat of this amendment is that this still could possibly allow Excite@home to collect information if "the collection is necessary for the establishment, exercise or defence of a legal or equitable claim" (see Schedule 3, 10.1(e)). But the way things are going for Excite@home at the moment, lawyers would probably be the last thing on their minds.

    If you're serious about putting a stop to this, then try your government privacy body (in my state, it's the Office of the NSW Privacy Commissioner). More letters to these people (particularly now as it's close to an election) would help all of us stand up for our collective rights.

    --

    ----------
    When the pin is pulled, Mr. Grenade is no longer our friend.

  49. Re:Here's the Scenario - a reply by q-soe · · Score: 2

    Good Post but a few errors

    You Said:
    Mobile communications required the construction of parallel infrastructures. Ditto for cable infrastructures which was constructed over the last 3 years. No cable existed prior to that time. (Frankly we didn't miss it all that much.)

    I say :
    Nope under privatisation Telstra had to allow usage of the network infrastructure for most systems - this was before cable was thought of so each vendor ran their own (and fibre links and mobile etc)

    You Said:
    Since they're a duopoly, there's nothing to stop them from pulling any stunt they want. Their 'unlimited' broadband connections are simply fast pipes for web browsing, nothing more. Download on the Optus network are capped at 10 times the average daily download.

    So you can download 400Mbytes/day on Optus@Home.

    I say:
    I am an optus at home customer and i pull down 600-800 mb a day without problems - they average it out over a 14 day period - so if you have a light day or 2 your are covered - i have gone over 1gb a day and never got chipped - they work an average cutting out the top and bottom 5% - it not as bad as non customers point out.

    you Said:
    Oh, at around $100/month too. Roughly US$50/month. This is on a 12 month contract after paying setup fees of $350.

    I say:
    Optus@home - Contract Rate - 18 Months @ $75AU a month (if you have cable tv and phone thru them its less - i pay $53 month - Non Contract rate - $65Au month

    Installation is $199 or less if you buy your won cable modem

    Telstra( my brother is an ADSL Customer) $75AU/Mnth and a $250 Install fee - plus their service does not work (he hasnt paid for it in 6 months and they havent asked him too until they get it right)

    You Said:
    This latest move by Optus is a stunt designed to try and cap their broadband expenses. Basically the company is going down and is trimming costs prior to looking for a buyer.

    I say:
    They have a buyer (see below) and thats not the reason - they are doing this stuff to appear like a nice corporate citizen to the Singaporean Govt - you know they have a major stakeholding in SingTel and they are a right wing and repressive gov

    You Said:
    Currently they're trying to sell themselves to SingTel, but one of their satellites is also used by the Australian Defence Force for signal intelligence. Naturally we're rather concerned about the Singapore government spying on us should they get their hands on Optus.

    I say:
    Watch the news or read a paper - this has been resolved and the sale will go ahead - the spying thing is bullshit as the Defense Department uses encyrpted code - they 'control' it in that they maintain orbit and data transfers - its a sealed system - they have the equipment for satellite monitoring and the govt contracted the service to save money - it is a contract that can be pulled so this is non issue

    You Said:
    Since privatisation, quality of service has declined, prices have risen and rural areas have suffered.

    I say:
    Grew up in the country and my family lives in the far west of QLD - this is load of crap the oppostion parties and vested interests would love you to listen to - prices have not risen that much but they have a bit as the GOVERNMENT no longer subsidises the services and it costs money to provide them (shock horror). Alternative carriers wont go in there as it does not make economic sense without govt help - we are talking about small numbers of people with huge infrastructre costs - whos going to pay for it - no company will spend billions on a commercially unviable system (think about what happend to iridium) Do you live in the country ?

    You Said:
    Essentially we're in broadband hell. Just be thankful you're not us.

    I say:
    Optus at home customer here and i dont live in hell, i have an excellent service and its fast - the fact is that in life you get what you pay for - this is a country with a 18 million population spread across a large land mass, these services are expensive to provide and thus it costs money - you can point at the US and say they have cheap access - they have 350+ million people - thats a lot more customers.

    And dont forget the other vendors out there with cable and ADSL - I-hug, Burst net, etc (do a web search)

    In closing i offer this comment (lifted from whirlpool)

    Why is broadband so damn expensive?
    While the price could come down a bit further, it's not really all that expensive. Given our exchange rate, we pay similar prices for broadband as people in America.

    Australian users have to absorb the cost of building cross-pacific pipelines like the Southern Cross Cable (http://www.southerncrosscables.com/), which is in itself over 30 thousand kilometres of multi-core fibre optic cable. Even after the pipeline is built, Australian companies have to pay American networks for the ability to "plug in" to the internet.

    Dial-up internet can be more costly than you think. You could be paying anywhere between 20 cents to one dollar per day in phone calls (that's between $6 and $30 per month), not to mention the cost of line rental for a second phone line, something that most regular internet users need when using dial-up.

    I suspect you are a dial up customer who cannot afford broadband but check your facts OK - other than that i think you made some good points.

    --
    I refuse to argue with Anonymous Cowards - if you want a discussion get an account....
  50. How do they know if it violates copyright by Salsaman · · Score: 2
    Excuse me, but things like this just make me very angry. How the hell does the ISP know if a file violates copyright or not ?

    Surely to prove copyright violation the company holding the copyright would have to prove in court that a particular file was in violation of its copyright.

    So I don't see where the ISP comes in to all of this.

  51. Optus@Home AUP by jameshowison · · Score: 2, Informative
    The Optus@Home AUP is here:

    Section 1 is called "illegal activity":

    1. Illegal Activity
    1.1. You must not use the Service for any activity that violates any local, state, federal or international law, order or regulation. Prohibited activities include, but are not limited to:

    Posting, disseminating or in some cases accessing material which is unlawful. This includes material that is or would be classified RC or X and includes material that is or would be classified R where a restricted access system is not in place. Such content includes but is not limited to: material containing detailed instruction in crime, violence or drug use; child pornography; bestiality; excessively violent or sexually violent material; real depictions of actual sexual activity; obscene material; and content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the Australian Broadcasting Authority (ABA). For more information about the regulatory regime applying to online content go to www.aba.gov.au

    Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.

    Pyramid or other illegal soliciting schemes.

    Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature. If you do violate it

    9.1. Optus is not obligated to regularly monitor your usage of the Service. However, in its efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware that you or someone with access to your Service has violated this Acceptable Use Policy or the Customer Terms or you or someone with access to your Service, has used the Service in an inappropriate manner. Although Optus has no obligation to monitor the Service, Optus reserves the right to monitor (and request Excite@Home to monitor) your bandwidth, usage or content, to identify violations of this Acceptable Use Policy; and to protect the Optus@Home Network and other users of this Service.

    Who asked them to begin monitering?

    There's no indication of whether this is a responsibility under law or whether they have chosen to do this. I note that the policy has not changed since September 2000.

    James

  52. Optus@Home are not actively monitoring customers by wolvie_ · · Score: 2
    This is all just FUD over a warning email to Optus@Home customers to discourage them from piracy. See this hasty explanation offered by their chief executive:

    • "It's a fair cop role - not 'cop' as in an active cop, but we're prepared to work within the co-operative framework," Mr Chapman said. "We will not walk away from copyright piracy issues if it' s brought to our attention. It's a reactive but responsible role, not a proactive role."

    They confirmed they will not be actively monitoring customer internet traffic. They're just handling complaints about their users, just like every other ISP already does. They are not scanning downloads for copyright violations as the article title suggests.

  53. Re:Here's the Scenario - a reply by q-soe · · Score: 2

    Im not a telstra or optus stooge - i have never spoken to you before i simply disagreed with some of your comments or offered other explanations - i dont comment on Telstra mainy as i have to deal with them at work and they suck - whilst i have optus at my home but they dont - the choice of carrier is up to you. This argument pisses me off more than i can say - if you dont knock something then you must work for them - its used everytime someone defends MS in any way and its an invalid and irrantional argument.

    Dail up - lets see why i poke it in the eye (and i had it for 5 years previous to this) it sucks - 56k is a pathetic speed for anyting more than basic web surfing and email.

    This country runs 3 years behind in Broadband and high speed access (mainly due to Telstra) and if we start accepting 56k as OK then we will never get change

    As for the narrowband - Bandwidth costs money - if you think you know it in this area work in corporates - I am and MIS manager for a global company and run a Win2k AD worldwide lan link, every mb we send costs money -(i am also responsible for Voice Comms by the way and have just renegotiated contracts on Mobile and fixed line costs - i can comment on this area) -whether this is an oncharge or not is irrelevant - the owner of the cable (southern cross) has to recoup the cost so they sell the usage on to the carriers - they can then charge what the market will bear (i think 19c a MB is bullshit but i dont use Telstra at home so i wont comment on your choice)

    ADSL in this country is a mess - Telstra cant deliver a working service and we at work contract with another company for DSL for our remote sites and homew workers - this is a constant and painfull headache.

    Mobile prices have nothing to do with connectivity in rural areas - you have to run transmission towers every 10-15km to maintain service and they need cabling into them and power etc - forget mobiles (and do some research actually we have some of the cheapest mobile rates in the world and handset costs are on par with a population as small as ours is)

    And as for running broadband to remote areas - OK i dont know what it costs per mile to run Broadband trunks (and it has to fiber optic as the current links WONT support the dream of ADSL) but i think you could safely say its more that $10000AU per KM when you take in manpower, digging cable lines, legal costs, surveys, etc etc not to mention all of the equipment and exchange upgrades, servers etc to end on it, so you think about this - my family lives 800km from Brisbane where i am, thats by road, but if you take that and work it out thats Au$8 Million for that one stretch alone - not you wold be running it into a population base of 8000 people - thats a cost per person of $1000 per customer NOT counting the last mile to the home and the installation of service etc etc - and that covers them only - not the regionals - so how do you ever make it a viable financial concern ? tell me as i and many others would love to know.

    The government spends $300 million a year on 290 pollies - well that works out to AU$1 million per Electorate per year - it has to cover wages, staffing, admin costs, travel, etc etc - thats a non issue and it obfuscates an issue - thats the sot of crap we see here all the time - and it means that people can just attack the pollies and not even make a suggestion to fix it.

    Delivery of service costs money - someone has to pay the bill - when you talk rural australia that means delivery of service across a huge territory - you can do phone service with sattelite (as Telstra does) but its not cost effective - you cant deliver broadband cheaply this way however (latency etc etc)

    No more expensive to wire - yep thats maybe true (its not but i wont waste time pointing out why) Do some research on city areas and population sizes in the US and here and densities - australian cities are more spread out and this requires more cost per mile - thats why the argument is fallacious - and the urban areas in australia are the only ones with sufficient population density to support it - 95% of the australian population lives within a 1 hour drive of the coast and over 80% on the eastern seaboard.

    Optus at home is a good service - check their customer satisfaction ratings then ask a few people in the industry who know what they are talking about - Telstra screwed up ADSL and cant be bothered fixing it (i suspect an announcment on something else soon)

    Southern Cross cable can charge what they want as they own the lines - This is a business NOT a charity - and unfortantely so can Telstra - and dont start with the PSA or Allan Fels - they seem to have staff of 3 blind mice and an aged labrador so i dont expect much from them.

    The duopoly is crap - the reason most of the other ISP's dont have coverage is backing - it costs money to do this stuff and they dont have it - thank the Dot.com feeding frenzy - no one wants to invest in telcos and isp's (and not to mention the way ISP's go broke so often) and on the back of One Tel and 3G who can blame them

    I was trying to be nice till you called me a stooge - thats a weak argument - check your facts and then think about it next time you lower it to that level - i dont dismiss things beacuse they dont fit with me - i take them in and look at them.

    --
    I refuse to argue with Anonymous Cowards - if you want a discussion get an account....
  54. Hey - Does this mean they are stealing a service? by Phrogman · · Score: 3, Interesting

    If they intercept the images that a person downloads from a pay service - or the text articles or whathaveyou, does that mean they are illegally accessing that service?

    I mean if I pay good money to access a porn^H^H^H^H^H pay news service and receive the benefit of that service, how can they legallly be allowed to (presumably) gain the same benefit from that service without paying for it?

    Why, that ought to be illegal...

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  55. Re:Not just Down Under by Chris+Johnson · · Score: 2

    I'd love to see someone like you say that to, say, Congress or the Senate in public hearings. "This is not what I spent 20 years in the military defending". Do you realise the power of that statement viewed as a PR weapon? Talk about a sound bite.

  56. How would they do this? by nihilogos · · Score: 2

    Anyone? I imagine the easiest way would be to scan their proxy server logs, so don't use their proxy servers.

    --
    :wq
  57. Re:No "Right to Privacy" on private ISP by radja · · Score: 2

    the phone-lines are privately owned. a private network. the phonecompany is NOT allowed to listen in on each and every call which I may use to prepare an assassination. I have a right to privacy.

    //rdj

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  58. Re:Excite@Home Restrictiveness by IronChef · · Score: 2


    I live in fear that @Home Seattle will kill 80 and 25. I have become totally dependent on my servers, run in violation of the AUP.

    As a matter of fact, I am switching to Speakeasy DSL. Did the research, talked to the (clueful) sales guy for 20 minutes today... calling back soon and setting it up. Slower download, faster upload, and servers explicitly OK. Cool.

  59. How would they distinguish? by Frodo · · Score: 2

    Very simple. They would not. You will be the one to prove you did nothing wrong. As it was shown in the DMCA case, current society is OK with passing a law that allows to prosecute a person because Copyright Mafia wants so. And there are real stories of people with their internet access terminated because RIAA sent the ISP a letter that stated that their IP was noted in trafficking "illegal" content. No questions asked, no person contacted, just immediate access cutoff. If you want to have your internet access alive, you would be the one to sweat and get all the proofs that your content is legal. Internet is a nice place, full of freedom and new possibilities, isn't it?

    Alternatively, you can just terminate your relationship with that ISP. If there is any other ISPs that are yet sane, of course. And if they won't be sued out of existance by the RIAA.

    --
    -- Si hoc legere scis nimium eruditionis habes.
  60. All your data... by Hard_Code · · Score: 2

    ...are belong to us?

    --

    It's 10 PM. Do you know if you're un-American?
  61. Australian or US copyright law? by marnanel · · Score: 2

    Are you talking about US copyright law there, or Australian? Australian copyright lasts for fifty years after the death of the author.

    --
    GROGGS: alive and well and living in
  62. Use crypto by Sloppy · · Score: 2

    Isn't this a MAJOR invasion of privacy?

    It is, but remember: all along, you have had to assume that it's happening anyway. There's never any telling who is listening in on your connections, and you should never trust The Internet. You've never been able to take privacy for granted. That's one of the reasons stuff like https, ssh, etc were invented. And if you're using these things (correctly), it is virtually impossible for your ISP or anyone else to snoop your traffic.

    So use crypto if you don't like this. I say again: this has been a risk all along. It's just that someone is admitting it this time.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  63. Fair use by Martin+S. · · Score: 2


    This would actually be illegal in the UK under the data protection Act 1980, which makes it a criminal offence to pass on or receive any personalised data to a third party without the data subjects (your) permission.

    Also as an aside most Internet download's because they are for personal use are covered by fair use and are perfectly legal and proper, in any country.

    So if this was to happen in the UK the ISP and the RIAA would be breaking the law.

  64. That'd be a big help too... by Greyfox · · Score: 2

    Tunneling PPP over SSH is pretty straight forward, and it doesn't seem to generate any chatter unless the connection is actually in use. SSL on all web servers would be a big step in the right direction , too and is damned easy to set up. Generating and signing your own certificate is pretty easy too, though web browsers need a more granular trust mechanism in order for that to work really well.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?