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AT&T Won't Terminate User Service For RIAA Without a Court Order
On Wednesday, we discussed news that AT&T had begun sending takedown notices to users whom the RIAA has accused of illegally downloading copyrighted works. Cox and Comcast are both cooperating with the RIAA in that regard as well. However, while Cox seems willing to shut off service in the case of repeat offenders, Comcast denied that it was considering a similar penalty, and AT&T said they'll flat out refuse to terminate service on the RIAA's word alone; it will take a court order. They seem satisfied with the effect letters have had on inhibiting such downloads: "'It's a standard part of everybody's terms of service,' [AT&T senior executive vice president Jim Cicconi] said. 'If somebody is engaging in illegal activity, it basically gives us the right to do it ... We're not a finder of fact and under no circumstances would we ever suspend or terminate service based on an allegation from a third party. We're just simply reminding people that they can't engage in illegal activity.' Cicconi said the company began testing this kind of 'forward noticing' late last year and even experimented with sending certified letters. Cicconi said the notices worked. The company saw very few repeat offenders."
It's not up to AT&T to decide if people have done something or not, that's up to a court of law.
Well yes, but it seems to me that there's another issue, too. What motivation should AT&T have to cut off access without a court order? As an ISP, there shouldn't be a business case for refusing customer money without being required to do so. I suspect that the reason other ISPs have given in is either they're frightened by the RIAA or they're in cahoots with the RIAA. Either way, that's not appropriate.
Internet access is *not* a right.
No, it's not, but it's getting to the point where loss of Internet access is a serious thing. Newspapers are getting shut down, and soon you may need Internet access to get your news. The government is putting more online (e.g. recovery.gov) and soon you may need Internet access to participate fully as a citizen. The Internet is infrastructure, and denying access is potentially as serious as denying access to roads, water, and electricity. Now it's true, we do take away people's driver's licenses, and it's possible to get your water and electrical services cut. But we usually don't take those actions lightly.
People are going to say I'm overblowing the situation. It's true that failing to have Internet access in today's world is still nowhere near as serious as not having heat in the winter. That's true. On the other hand, as a society we're becoming increasingly dependent on the Internet. I wish people would stop talking about the Internet like it's an entertainment service.