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Korea Kicking People Offline With One Strike

An anonymous reader writes "While there's lots of talk of 'three strikes' laws in places like France, it may be worth looking over at South Korea, which put in place a strict new copyright law, required by a 'free trade' agreement with the US (which was the basis for ACTA). It went into effect in the middle of 2009, and now there's some data about how the program is going. What's most troubling is that the Copyright Commission appears to be using its powers to 'recommend' ISPs suspend user accounts based on just one strike, with no notice and no warning. The system lets the Commission make recommendations, but in well over 99% of the cases, the ISPs follow the recommendations, and they've never refused to suspend a user's account."

32 of 176 comments (clear)

  1. Online gaming by Enderandrew · · Score: 3, Interesting

    Given the importance of online gaming and internet addiction in South Korea, this is actually bigger there than it would be here.

    However, in the age of 3G internet access, roaming WiFi hotspots, anonymizer services, and the prevalance of internet cafes in South Korea, I think you'll find it difficult to nail individuals to specific IPs.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    1. Re:Online gaming by bondsbw · · Score: 2, Interesting

      Speaking of games... ever notice how many real-life rules are based on baseball? What if the guy who invented baseball chose four-strikes, or two-strikes? Law and our economy may hang in the balance of some one-off decision made by a kid hundreds of years ago.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    2. Re:Online gaming by h00manist · · Score: 2, Interesting

      nail individuals to specific IPs.

      That's the main achilles heel of online free speech. Too bad nobody's figured out a solution that scales to everyone. Using other people's IP only goes so far. You can run all you want within Tor, but nobody wants to run the exit nodes. Plus, it brings the problem of anonymity for real crime with real victims, and therefore real investigations, right into the anonymity network. I run a cybercafe, it's a constant legal preocupation. I think of just closing all the time, many around here did...

      --
      Build your own energy sources from scratch. http://otherpower.com/
    3. Re:Online gaming by h4rr4r · · Score: 2

      MAC addresses do not go beyond any layer 3 device.

    4. Re:Online gaming by icebraining · · Score: 3, Insightful

      Doing "ifconfig eth0 hw ether NEWMAC" takes effort?

    5. Re:Online gaming by icebraining · · Score: 2, Informative

      I've never heard anyone here even go to court, unless they were part of a full network producing and selling content, and even that is not common.

      For actually perpetrating acts of pedophilia with real children, sure, we have plenty. In fact we had a huge scandal a few years ago, and the trial has ended just now (our justice system is sloooooow). But for downloading? Never heard of it.

    6. Re:Online gaming by EdIII · · Score: 2, Interesting

      I hope it's huge. Really HUGE. Godzilla huge. Yes I know that is Japan.....

      Hopefully, they kick off a few thousand people a day. Seriously.

      If there is one place to get a really good Darknet going, it would South Korea at that point. Anything to finally give the impetus for society at large to move from the Internet, to a darknet layered on top of it. Ultimately better for society anyways.

    7. Re:Online gaming by MachDelta · · Score: 3, Funny

      Keep trying Mr.Bush, you'll get it one day!

    8. Re:Online gaming by jmauro · · Score: 2, Interesting

      Except in Korea you must register for all accounts using your Resident registration number. I mean everything: ISPs, bank sites, WoW, blog comments, etc. As such it's fairly easy to track people down since there is no concept of anonymity on the South Korean Internet. As such all they need to do to block you is put your RRN on the black list and you won't be able to get access again.

      The Korean authorities also been known to track people down who say critical things about them using this ID as well and make things difficult.

    9. Re:Online gaming by EdIII · · Score: 5, Interesting

      Anyone who runs a Tor exit node needs to be either stupid enough to not worry, or sufficiently idealistic they are willing to take the risk of such an event in the name of free speech activism.

      *raising hand*

      Sufficiently Idealistic. Right here. Being disabled at birth meant I could not honor the family tradition of entering the military and fighting for my country. Probably a good thing, since I would have just ended up killing women and children in Iraq or Afghanistan.

      Going to court to provide a litigation vehicle to strengthen the principles of Anonymity Through Reasonable Doubt? I'll throw myself on the grenade all day long and die with pride and honor. It's the least I can do for my fellow citizens and the cause of true freedom.

  2. ACTA again by Anonymous Coward · · Score: 4, Interesting

    Dear USA,

    if your corporate leaders had not sent all your manufacturing jobs to China and India, your whole future economy would not depend on media production.

    Fuck ACTA, and fuck the RIAA and MPAA.

    1. Re:ACTA again by Anonymous Coward · · Score: 2, Funny

      Dear USA Consumer,

      If you had not shopped at Walmart, big box and huge brand retailers and insisted on cheap vats of everything, you wouldn't have driven all the businesses that tried to keep manufacturing jobs in the US out of business or into the hands of private equity firms (who promptly shipped the jobs to China and India).

      Don't blame the corporate leaders. In most cases, they are responding to the absolute force of market pressure. The death of independent retail has sharpened market pressures to the point that manufacturers can comply with the demands of retailers or go out of business. And retailers demand what consumers demand: cheapness at all costs.

      It's disgusting. Most people in this country just want to buy the cheapest of everything. I would never eat food from a Costco or Walmart knowing what their buying practices are like.

    2. Re:ACTA again by interkin3tic · · Score: 3, Interesting

      You can't honestly be blaming individuals for trying to strecth their meager dollars by shopping at walmart, while at the same time giving a pardon to corporate leaders who are trying to maximize their millions by cutting jobs.

      I would never eat food from a Costco or Walmart knowing what their buying practices are like.

      I think I speak for the whole internet when I say we are in awe of you, good sir. [slow clap]

    3. Re:ACTA again by erroneus · · Score: 2, Interesting

      I think that's a chicken or egg situation.

      I'll admit that typical American consumerism is pretty much out of hand. But it couldn't have happened without the businesses themselves offering these as a way to win over the competition. After all, if they can't make something "better" they will make more of it available at the same price. Competition has to occur for the free market to operate.

      That said, I am not a proponent of the free market. I am, instead, a proponent of a regulated market. Individuals and businesses alike will do whatever they can get away with. And they will even feel they are entitled to do so if they do it long enough. In the U.S., we are "entitled" to buy and consume in massive volumes. When we see in other countries that such mass consumerism isn't available, we feel something is wrong or missing. On the other hand, when I have had visitors from other countries, they have adored "Sam's Club" and others for the cheap prices and massive quantities.

      You are essentially blaming the U.S. for exercising what is "human nature" and you wouldn't be wrong to do so. This is why I am a proponent of a regulated market. When left to their imagination, people will do whatever they want and whatever they can get away with. Remove regulations that were once in place for a reason, and you get a crashed global economy. Should be no surprise there.

      Still, I don't have a Walmart close to me now... I sometimes miss it. The convenience is not easy to resist.

    4. Re:ACTA again by rale,+the · · Score: 2, Interesting

      I would never eat food from a Costco or Walmart knowing what their buying practices are like.

      I wont question the statement about Walmart, but is Costco really that bad? I can't remember reading horror stories about them the way I have Walmart, so do you have some examples, or are you just lumping them in because they seem similar?

    5. Re:ACTA again by Stregano · · Score: 2, Insightful

      All I have to say, is that Kroger individually sliced American cheese sucks ass. Kraft cheese went down to $1 and it was well worth it (it was a sale and not the standard price). How is this not off topic? I got a buttload of cheese for dirt cheap because it was cheap, but the quality was horrible and hurt companies like Kraft.

      Dear Kraft,

      My Bad. I will buy you from now on.



      Dear Kroger,

      You cheese sucks ass

      --
      The world is how you make it
  3. Darn by orphiuchus · · Score: 4, Funny

    I thought this was an article about the Koreans finding a way to make baseball watchable.

  4. Isn't it odd by Darkness404 · · Score: 4, Insightful

    Isn't it odd that "free trade" agreements are never that? The more and more countries stop making their own laws with their elected officials and start offshoring lawmaking to para-governmental organizations with no oversight, the more and more countries slip into tyranny.

    --
    Taxation is legalized theft, no more, no less.
    1. Re:Isn't it odd by DragonWriter · · Score: 2, Interesting

      Isn't it odd that "free trade" agreements are never that?

      No, its not odd that corporate products are deceptively labeled.

  5. A very good question indeed! by erroneus · · Score: 3, Informative

    Not only did I read the article, I read the comments as well. The first one I read was a rather interesting quesiton: "Did sales of copyrighted materials go up as a result?" After all, in theory, with "reduced piracy" there should be an increase in sales.

    But we all know that's not why they are doing this. There are no real losses. Fact is, like all other IP, there is an element of enforce it or forget it. While copyright doesn't actually "go away" when it is not enforced as in the case of trade marks, the more freely the infringement occurs, the less likely people are to respect it.

    It would be nice if there were some middle ground, some safe area for file sharers. But there's not just yet. I am a file sharer of content that I don't fear sharing. But where U.S. content of any sort is concerned, I simply don't share. I might download and then disconnect on occasion, but rarely even that. Got too much to lose.

    1. Re:A very good question indeed! by mellon · · Score: 3, Informative

      The thing that I found interesting about TFA was that a total of 31 people in all of Korea were disconnected over the course of a year. Hardly headline news..

  6. Re:So...what happens in the other 1%? by WrongSizeGlass · · Score: 2, Informative

    Though they acted over 99% of the time, just over half of the actions were warnings. Check out the table from the article. It even shows that 40 recommendations were not complied with (but only from one ISP).

  7. Re:How widespread is piracy in SK? by Darkness404 · · Score: 2, Insightful

    It doesn't matter how many people are affected by it when the law itself is corrupt. Using that logic you can make every law seem reasonable. Lynching blacks isn't bad because out of the million of blacks only a few hundred to a few thousands got lynched. Same logic.

    First off, the idea of "piracy" is laughable. Our entire property system is based on the notion of physical property. If we could duplicate anything, cars, food, clean water, gold, etc. we wouldn't need laws to protect our property because we could just duplicate it. IP is not property. "Piracy" is not theft. The very idea that an unaffiliated party would have to disconnect someone because they were doing something "bad" is silly. Should we be deprived of electricity if we get a speeding ticket? Should we have our water shut off if we run a stop sign? Should they suspend trash pickup if we jaywalk? Those make about as much sense as an ISP with no connection to media companies trying to protect property which doesn't even exist.

    An unjust law is unjust not because of how few or how many people it punishes but simply by the fact it exists.

    --
    Taxation is legalized theft, no more, no less.
  8. Re:Good way to get out of cell phone contract? by jimicus · · Score: 2, Interesting

    Most of the cell phone contracts I've seen explicitly write it into the contract that if your connection is terminated through your own actions, you're still on the hook for the cash.

  9. Re:Off with their heads! by TheCarp · · Score: 4, Insightful

    I know its a joke, but....

    "More Sex is Safer Sex" by Steven Landsburg presents an interesting case on the severity of punishment not being a deterrent.

    The chapter on LoJack makes the connection that, raising the penalty on car theft has generally resulted in only minor changes in the actual crime rate. I don't remember what he cited there, but the other side... the LoJack case was impressive. What they saw was that if enough LoJacks were sold in an area to raise the overall chance of being caught by about 1%, it correlated with a 20% decrease in car thefts!

    It makes sense. With all but the worst prison gangs, most people don't want to get caught. Getting caught means public records, it means trouble finding jobs, it means having to explain to friends and family, etc. There are lots of reasons to not want to get caught, in fact, the entirety of the penalty (whether its decapitation or a slap on the wrist) is modified by the chance of being caught.

    So even if the penalty is decapitation, thats only the penalty of getting caught. If I can reasonably expect to do something and not get caught, then why would the penalty even come into the picture? Its like driving a car with your kid in the back seat. If you get in an accident, your child could be killed. There is a chance of this any and every time that you drive a car for any real distance.

    However, few people would say that this horrible and unlikely outcome is reason enough to never put their child in a car and drive. In fact, I have never heard the argument made. In fact, I have never even heard the argument made that one should limit or try to avoid that situation.... even though the "worst outcome" is clearly quite severe... the chances of that outcome happening are considered widely acceptable risk.

    -Steve

    --
    "I opened my eyes, and everything went dark again"
  10. This is why due process is important by magus_melchior · · Score: 4, Insightful

    And I don't mean "we looked at the evidence for the defendant and concluded unilaterally that he should be disconnected." I mean the right of the accused to defend oneself in a fair hearing. Due process is a fundamental part of the rule of law, and because it protects the innocent and guilty alike, states absolutely hate its inconvenience and the fact that it lets some of the guilty go free.

    South Korea is remarkably forward-thinking in many ways, but apparently this isn't one of them.

    --
    "We are Microsoft. You shall be assimilated. Competition is futile."
  11. "Free trade"? More like "shackled citizens" by mykos · · Score: 3, Insightful

    I think you hit the nail on the head. They keep tossing this "free" word around as if it provided some kind of freedom. The only people getting anything for "free" or getting any "freedom" out of this are megacorps and the people who run them.

    Freedom to write laws and have them rubberstamped by congress.
    Freedom to destroy the livelihood of any citizen caught listening to music they weren't allowed to hear.
    Freedom to never, ever change their business model and continue selling their products at ever-higher prices and have those prices protected by the government.

  12. Re:So...what happens in the other 1%? by MaskedSlacker · · Score: 2, Interesting

    'well over 99%' means 'we've never heard of a contrary case, but can't be arsed to find out whether or not one actually happened.'

  13. Transparent Agenda by Spazntwich · · Score: 4, Insightful

    Disclaimer: I'm just a paranoid stoner.

    As someone involved with that habit and lifestyle, it's easy to notice the government's quite profitable agenda of socially marginalizing and exploiting parts of the population. Incentivize "proper" social conduct with the various perks of society with tools like credit scores and background checks, using jail as the stick when carrots fail to sufficiently motivate.

    The x-strike laws strike me as a particularly transparent attempt to maintain this status quo. The internet has lead to the creation of online communities for just about every "unsavory" hobby, habit, or problem you could think of. The "wrong" people are no longer socially isolated; Legalization movements are making record progress; Government is losing control.

    Somewhere at the top, someone finally realized the decentralized nature of the internet means standard models of exercising authority fall short. How to reassert control? Convince society of the necessity of elevating the internet to the level of the "gated community home, SUV, and health insurance," you know, out of the hands of those filthy subhumans who live outside the walls.

    Copyright makes sense as the first step. Everyone already agrees on the vital role companies like the RIAA play in our economy, so we must take the privilege of internet from those who dare jeopardize its profits. Then, once it's socially acceptable to deny someone "the internet" for copyright violations, the floodgates are opened to deny it to anyone who displeases the powers that be. Internet privilege denial will become as standard a punishment as revoking a teen's driver's license is for almost any infraction these days.

    "But Spazntwich," you say,"The internet is ubiquitous! You can't possibly prevent someone from getting on the internet!"
    Of course you can't. Just like the government can't even keep drugs out of its own prisons. Ineffectiveness of a law has never been a reason to overturn one.

    The internet's universal nature plays right into their hands. Any infraction, intentional or otherwise (remember citizen, ignorance is never an excuse!), will be a violation of probation/parole and place one back at the mercy of the authorities. Right where they want you.

  14. Re:How widespread is piracy in SK? by MichaelSmith · · Score: 3, Informative

    I can't answer your question but I will say that the Koreans do things differently. Once I needed to download a .deb to install uucp on my laptop. I got a line and an IP address but all I got was a text file telling me I wasn't allowed to access that file. So I gave the URL and a USB key to a guy with a windows box. Still he got the same message. He removed the USB key and the file downloaded okay to local storage. Then he mounted the usb key and passed the .deb to me.

    You see everybody runs IE. The web proxies install a component (ActiveX I suppose) which checks for mounted devices which could be used for piracy or to upload malware. Its stupid and easy to work around but people just seem at accept it as the way things work.

  15. How to be the land of the free by gmuslera · · Score: 3, Insightful

    Instead of doing a step forward, force all the others do a step backward

  16. Ya that's right, the US produces nothing but media by Sycraft-fu · · Score: 2, Insightful

    Absolutely nothing. Well except microprocessors for pretty much every computer out there. Both Intel and AMD have R&D in the US, and Intel has many fabs. If you buy a current 45nm or 32nm chip it comes courtesy of Arizona or Oregon. But that's it! Oh, well except for aircraft. The US also produces those, and is in fact one of only two large commercial airline producers in the world (Boeing is US, Airbus is EU) though Embarer (Brazil) is slowly edging up from small jets. But that's it! Ummm except for Toyota Tundras. Toyota, despite being Japanese, makes cars everyone and some in the US. The Tundra is ONLY built in the US, it is shipped elsewhere.

    Getting the point? The US makes lots of stuff. In fact not only is saying the US makes no manufactured goods wrong, it is the opposite of right. The US makes more manufactured goods than any other nations. China is on track to overtake that spot in 2020, but because China's manufacturing is growing, not because the US's is shrinking. The US makes tons and tons of shit, not just media.

    If you don't see that it just means you haven't done research, or just look at the "made in" label and don't consider what that means. That is just the country of final assembly. Says nothing of where the parts were made. If you buy a mid-range Denon receiver it will be "made in China" (the high end ones are made in Japan). However all that means is a plant there assembled it as per the specs given from D&M in Japan. Open it up and you find parts form all over. The DSP is an Analog Devices unit, produced in the US. The capacitors are Japanese in make. The D/A converters are again American. You find stuff from all over in there, it just gets shipped to China for final assembly.

    Same deal for many American products. A Ford GT500 is an American super car... In that they get assembled there, but the parts come from all over. Ford bought parts from many European supercar makers to make it happen. Nothing wrong at all with that, it is just how things are done. In some cases, one country is really good at things. Like if you want an LCD panel, good chance it comes from Korea. The LCD monitor itself may be assembled in China or Taiwan or elsewhere, but the panel was probably built in Korea. They build almost all of them, just a market Korea is very good at.

    So please, if you want to attack the bad laws like ACTA, do so based on what is in them. Stop with the silly "The US doesn't make anything!" argument. That shows nothing but that you haven't done your homework. You don't even have to do much homework. Like I said there are some really obvious ones like Boeing.