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US ISP Adopts Three-Strikes Policy

Andorin writes "Suddenlink, a United States ISP that serves nineteen states, has implemented a three-strikes policy. Subscribers who receive three DMCA takedown notices are disconnected without compensation for a period of six months. According to TorrentFreak, the takedown notices do not have to be substantiated in court, which effectively means that subscribers can be disconnected based on mere accusations. In justifying the policy, Suddenlink turns to an obscure provision of their Terms of Service, but also claims that they are required by the DMCA to disconnect repeat offenders."

29 of 280 comments (clear)

  1. Beat them to the punch by Briden · · Score: 5, Insightful

    If you are a customer of theirs, immediately cancel your service and tell them why you are doing it. that ought to send the right message.

    1. Re:Beat them to the punch by Anonymous Coward · · Score: 5, Funny

      Its great news. If I get my neighbour's internet connections taken out my download speeds should shoot right up.

    2. Re:Beat them to the punch by vux984 · · Score: 4, Funny

      Its great news. If I get my neighbour's internet connections taken out my download speeds should shoot right up.

      Nevermind your neighbor... suppose I give you this box... if you push the button your internet speeds will shoot right up. But be forewarned... someone you don't know will be cut off the internet forever. Do you push the button? ;)

    3. Re:Beat them to the punch by TheGratefulNet · · Score: 5, Funny

      while (1) { press_button(); }

      why, yes. yes, I would.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:Beat them to the punch by darpified · · Score: 5, Interesting

      Suddenlink is my provider. They are my *only* choice for reasonably fast internet service. The DSL service here is capped at 1 Mbps and spotty at that. Satellite service is out of my price range, and there is no wireless provider. I'm not happy with them over this, and will send them a message, but cancel my subscription and not have Internet isn't an option. It's an effective monopoly, and they know it.

    5. Re:Beat them to the punch by hldn · · Score: 4, Funny

      http://www.youtube.com/watch?v=KiFKm6l5-vE

      this spoof is better than the actual movie.

      --
      http://www.accountkiller.com/removal-requested
    6. Re:Beat them to the punch by Mitchell314 · · Score: 5, Funny

      Who would you p-

      --
      I read TFA and all I got was this lousy cookie
    7. Re:Beat them to the punch by hoeferbe · · Score: 4, Interesting

      It sounds like Suddenlink has somewhat of a monopoly in your area. If that is the case, they are probably regulated by your local government. Although I am not optimistic this will have much effect, you should complain to the franchise authority / regulatory commission that oversees Suddenlink.

      If enough people did, Suddenlink would have no choice but to deep-six this program.

    8. Re:Beat them to the punch by clarkn0va · · Score: 5, Interesting

      Start your own WISP then. It's easier than you might think. I got sick of the lack of options here (6/1, reasonably reliable, in fact), and now I provide internet to my neighbours, 100% legally. It cost me a couple thousand to get started and some sweat ethic, but I now enjoy a 30/4 connection and my neighbours are good enough to pay the bill for me.

      --
      I am literally 3000 tokens away from the chaotic crossbow --Stephen
    9. Re:Beat them to the punch by mysidia · · Score: 4, Informative

      If you have not, consider heading over to the FCC's Broadband website, and report a broadband dead zone, run their speed tests, etc. Get all your friends to do the same, even if they have to sign on with a dial-up internet connection to do it.

      Who knows if it will make any difference, but they are building a database of underserved areas.... and there may be government action, incentives, etc, to improve matters now or in the future. I assume the more reports they get for an area from different people, the more likely someone is to take notice and move that area "higher up on the list" of areas that are suffering from poor choice, incumbent monopolization, etc.

    10. Re:Beat them to the punch by MoonBuggy · · Score: 5, Insightful

      You make an intriguing suggestion - I (and presumably many other /.ers) would very much appreciate a bit more info; how did you get the main connection, how's it shared out, did you come up against any particularly significant red tape, what's the rough cost breakdown (hardware/installation/monthly connection), and so on?

    11. Re:Beat them to the punch by Oceanplexian · · Score: 5, Interesting

      Step 1 - Order a DS3 in a metro area (roughly $2k-3k)

      Step 2 - Go buy some cheap equipment and antennas ($100-1000 for a AP, ~$150-200 for each CPE)

      Step 3 (optional) - Get an FCC license for some licensed spectrum if you're not using 900mhz/2.4/5Ghz. It's actually pretty inexpensive, maybe a a few hundred
      dollars at most and that's it.

      Step 4 - Rent tower space, depending on the area it could run $500-$10000. I'll guesstimate for a few antennas, probably $2000

      This is all assuming you're a typical /. reader and build your own routers, run open-source software and can build enclosures and don't have
      a fear of heights.

  2. Put them out of business! by schon · · Score: 5, Funny

    OK, everybody start submitting DMCA reports. They'll be out of subscribers in no time flat.

    1. Re:Put them out of business! by Mr.+Freeman · · Score: 5, Insightful

      Technically yes, but a "good faith" belief that someone is doing something illegal is pretty fucking vague. If previous court ruling are any indication, hearing a rumor about "someone" pirating "something" is probably all you need to justify yourself.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    2. Re:Put them out of business! by suomynonAyletamitlU · · Score: 5, Insightful

      Isn't that technically committing perjury?

      Of course it is. That's why everyone with half a brain who's heard of these three-strikes rules in the US and abroad wants to rip people like this a new one--because they enable perjurers to be successful at abusing the law without court review.

      Of course, if you were to send three bogus DMCA takedown notices to the ISP CEO's home--or to their home office--they would notice the fact that it's a crime and cry foul (or simply break policy and ignore them), but they are more than willing to enable criminals as long as they don't see the blowback themselves.

    3. Re:Put them out of business! by Hatta · · Score: 4, Informative

      A DMCA notification requires:

      `(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Notice the placement of the "and". To make the precedence explicit:

      `(vi) A statement that (the information in the notification is accurate) AND (under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.)

      You only perjure yourself if you misrepresent yourself as representing a rights holder. Any other specific claims in the notice do not matter. If you represent a rights holder you can accuse whoever you want without fear of being prosecuted for perjury.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Put them out of business! by Bob9113 · · Score: 4, Insightful

      Technically yes, but a "good faith" belief that someone is doing something illegal is pretty fucking vague. If previous court ruling are any indication, hearing a rumor about "someone" pirating "something" is probably all you need to justify yourself.

      I think you may be understating a characteristic of the United States legal system. When an oligarch harms a peasant, the peasant is found guilty. When a peasant harms another peasant, or when an oligarch harms another oligarch, the written code of law is used. In the case of one peasant accusing another peasant under the DMCA, the accusing peasant is subject to legal accountability.

  3. Their contract terms are what they are... by John+Hasler · · Score: 4, Insightful

    ...but the reference to the DMCA is horseshit.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  4. School Rules. by centuren · · Score: 4, Insightful

    Get a movement within their customer base and employ the classic school scenario where a rule doesn't work if it has to be applied to everyone. Start filing tens of thousands of DMCA take down notices for suspected violations. If their policy is as described, cutting service to that many people will put a direct stop to it.

  5. Re:This is actually not that bad by Anonymous Coward · · Score: 5, Insightful

    > if you're incompetent enough to get caught three times, you shouldn't be on the Internet
    Three accusations. Not three convictions.

  6. DMCA does NOT require disconnection by seeker_1us · · Score: 4, Informative
    And getting a takedown notice (or multiple takedown notices) has NO indication of guilt. There are plenty of cases where MAFIIA robots have sent automated takedown notices without anyone actually taking the time to find out that they didn't own the material in question.

    People should drop this company, ASAP.

    1. Re:DMCA does NOT require disconnection by HeronBlademaster · · Score: 4, Insightful

      How would you comply with this without disconnecting repeat infringers, counselor?

      You wait until the person is convicted in court of infringing at least twice, of course. The RIAA's word should not be sufficient evidence for considering a customer a "repeat infringer".

  7. Re:This is actually not that bad by Adrian+Lopez · · Score: 5, Insightful

    You're assuming the complaints are legitimate. Your assumption is wrong.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  8. Submit DMCA reports on management of suddenlink by viking80 · · Score: 4, Informative

    Submit DMCA reports on the board and management of suddenlink. They all most likely have full speed connections. Maybe you think they are misusing your IP.

    The policy allows no review of the DMCA, so it would be interesting to see how that develops.

    Company name:
    Cequel Communications Holdings I, LLC
    and from their web page:
    Mr. Jerald L. Kent Chairman
    Mary Meduski EVP - Chief Financial Officer Age: 51 314-315-9603
    Mr. Thomas P. McMillin Chief Operating Officer and Executive Vice President Age: 48
    Ralph Kelly SVP - Treasurer 314-315-9403
    Mr. James Fox Chief Accounting Officer and Senior Vice President Age: 40
    Mike Pflantz VP - Corporate Finance 314-315-9341
    Mr. Terry M. Cordova Chief Technology Officer and Senior Vice President Age: 49

    --
    don't cut it off www.mgmbill.org
  9. Re:This is actually not that bad by Lehk228 · · Score: 5, Insightful

    you subpoena your ISP for a copy of the complaint and sue the filer for libel, tortious interference, harassment, and lobby your state's AG to investigate them criminally for filing a false instrument.

    --
    Snowden and Manning are heroes.
  10. Don't let the door hit you on the way out. by westlake · · Score: 5, Insightful

    If you are a customer of theirs, immediately cancel your service and tell them why you are doing it. that ought to send the right message.

    That it does.

    It tells them that they have shed another geek who clogs their pipes and will never upgrade his service.

  11. i'm a Canadian, and I still think this stinks; by Lukano · · Score: 4, Interesting

    I've been reading the TF thread for about an hour now, and I still can't help but think this is a horrible and stinky decision;

    I've written Suddenlink to communicate my dissatisfaction :

    @SuddenLink : "I've contacted Suddenlink in order to communicate my dissatisfaction. I was given the opportunity to move to an area for a job, that was serviced by Suddenlink. Their policy was the deciding factor in me choosing to reject the job opportunity.

    Way to go Suddenlink, not only have you cost yourselves a reliable customer - your policy is affecting immigration to your country."

    Their response was to play dumb ;

    "I apologize, sir! But I'm not quite sure as to what disconnect policy you're referring to. We do not have any cancellation fees or contracts, and you're free to leave our company without any charge or penalty. "

    To which I replied and pointed them in the direction of the TorrentFreak article ;

    "The disconnect policy in which I refer to, can be found here;
    http://torrentfreak.com/us-isp-disconnects-alleged-pirates-for-6-months-100924/"

    And their reply was ;

    @SuddenLink : "Thank you for your email in regards to the DMCA Violation. I appreciate the opportunity to assist you today.

    I apologize that you do not approve of this, sir.'

    wow... I'm glad that they 'apologize' that I don't approve of their policy. Great customer service skills - both on a CSR level and Company-Wide, that this is the best response they can come up with.

  12. Re:This is actually not that bad by Crypto+Gnome · · Score: 4, Informative

    it's really not that bad of a deal. Basically, if the RIAA/MPAA sees your IP address, instead of trying to extort you for money, they just tell TWC, who redirects you to an angry-sounding webpage next time you try to use the Internet. You click "Accept" or whatever, and then the problem goes away. No subpoenas, no lawsuits. You can do this twice. It's not until the third time that something actually bad happens, and if you're incompetent enough to get caught three times, you shouldn't be on the Internet.

    You sir are a complete idiot.

    I've had noticed issued against IP addresses on my network that *have never been active*, not ever.

    It is literally not physically possible for said IP address to have *ever* issued a packet. Their reporting mechanisms are *broken*, it is not just possible, but *likely* that you will be "issued with a notice" even though you have never violated copyright ever.

    Some people will have their only possible internet connection dropped with extreme prejudice for at least six months even though they have not done anything wrong.

    --
    Visit CryptoGnome in his home.
  13. You've left out a couple of plausible scenarios by Adrian+Lopez · · Score: 4, Insightful

    4. The methods used by copyright holders to identify infringement are not very reliable, so you get flagged without ever having done anything wrong.
    5. Somebody who's out to get you makes a false complaint and your ISP is too lazy to investigate, so you get flagged without ever having done anything wrong.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."