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British ISP Ordered To Block Links to Pirate Site

An anonymous reader writes "A UK High Court judge has ruled that BT must block access to a website which provides links to pirated movies. Justice Arnold ruled that BT must use its blocking technology CleanFeed — which is currently used to prevent access to websites featuring child sexual abuse — to block Newzbin 2. 'Currently CleanFeed is dealing with a small, rural road in Scotland,' ISPA council member James Blessing told BBC Radio 4's PM programme. 'Trying to put Newzbin and other sites into the same blocking technology would be a bit like shutting down the M1. It is not designed to do that.' Digital rights organisation the Open Rights Group said the result could set a "dangerous" precedent. "Website blocking is pointless and dangerous. These judgements won't work to stop infringement or boost creative industries. And there are serious risks of legitimate content being blocked and service slowdown. If the goal is boosting creators' ability to make money from their work then we need to abandon these technologically naive measures, focus on genuine market reforms, and satisfy unmet consumer demand," said ORG campaigner Peter Bradwell."

24 of 157 comments (clear)

  1. In other news... by FalconZero · · Score: 3, Funny

    ...court orders pavements(sidewalks) ripped up to prevent bank robbery.

    --
    Windows in 6 Bytes (IA-32) : 90 90 90 90 CD 19
    1. Re:In other news... by cdrudge · · Score: 2

      ...or just walking on the dirt.

    2. Re:In other news... by JustOK · · Score: 2

      until someone steals the dirt.

      --
      rewriting history since 2109
  2. Love it by Aladrin · · Score: 3, Insightful

    I love how trivial this is to get around for the pirates, too. First thing I thought was 'URL Shortener.'

    But of course, anyone that really cares would use a VPN and this wouldn't affect them in the first place.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    1. Re:Love it by discord5 · · Score: 3, Informative

      But of course, anyone that really cares would use a VPN and this wouldn't affect them in the first place.

      Newzbin felt this coming on a long time ago and have set up their service on Tors .onion a while ago. I read about it a month or so ago, but I'm sure it's been up a good while longer.

      It's quite pointless to do this, and it sets a dangerous precedent legally for using a filter in place to stop kiddy porn (equally useless for the same reason btw) to protect corporate interests. Insert your favourite slippery slope argument here.

    2. Re:Love it by MoonBuggy · · Score: 2

      Trivial to defeat or not, it'd be nice to make some attempt to resist this; Newzbin have already said they plan to take out Cleanfeed, but whether or not they'll manage it I don't know. In either case, that seems a poor way to mount a principled defence of our free speech.

      What I'd rather see is a group of Slashdot types setting up our own censorship-free ISP, perhaps making it uncensorable in principle by deliberately obfuscating logs and so forth (to within the letter of the law on data retention, of course), and explaining loudly and publicly why we feel it important to do so.

    3. Re:Love it by Samantha+Wright · · Score: 4, Insightful

      The fantastically sad thing is that this is what we've always warned/complained about. Every time a child porn filter is mentioned on Slashdot as a proposed project, there's a cloud of "it's gonna be abused" comments following it. It happened in Australia, without too much open discussion until the blacklists were leaked. Here, we have a quintessential example—in motion, no less—of the precise same problem.

      I recall some stories about US lawmakers pushing for the Internet to become more regulated; that it's too lawless. For once, I agree with them: we need mandatory net neutrality.

      --
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    4. Re:Love it by dintech · · Score: 3, Insightful

      If you want to avoid your ISP's tomfoolery, use a VPN. Giganews provide one with their platinum package. When I use the VPN, it gets round my ISPs bandwidth throttling and I get 1000% faster download speeds.

      By leap-frogging the ISP like this, you can work around some of the bullshit.

    5. Re:Love it by discord5 · · Score: 3, Insightful

      If you want to avoid your ISP's tomfoolery, use a VPN.

      Until your ISP starts fooling around with the VPNs. It's trivially easy to throttle things like OpenVPN & co. My ISP is currently testing DPI combined with throttling, and they've been quite successful at it.

      By leap-frogging the ISP like this, you can work around some of the bullshit.

      And you become dependent on the company offering the VPN service, which also has to keep logs to be legally compliant to its local government. Hell, once the VPN service becomes the next target instead of your local privacy laws protecting you (if your country has such a thing), you now are subjected to the local policies of the company you're hiring the service from. Most companies have a policy in place to keep track of financial records, if you get what I mean.

      I'm very wary of companies offering me VPNs to "enhance my internet privacy".

    6. Re:Love it by Opportunist · · Score: 5, Insightful

      I've read our law on data retention. The sensible thing for an ISP to do is to ignore it. The fine for failing to comply is lower than the implementation cost.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Love it by lostfayth · · Score: 2

      Rogers in Canada throttles VPN connections. Lots of pissed off business types, no huge problems for Rogers yet.

    8. Re:Love it by The+Archon+V2.0 · · Score: 2

      The fantastically sad thing is that this is what we've always warned/complained about. Every time a child porn filter is mentioned on Slashdot as a proposed project, there's a cloud of "it's gonna be abused" comments following it.

      Yep. We demolished the arguments for it, we provided previous examples where it all went to hell, and it still happened. Now we have one more example.

      Come on Cassandra, let's go down and watch 'em bring the horse in.

    9. Re:Love it by discord5 · · Score: 2

      Can they actually throttle OpenVPN though? I was under the impression that it goes on port 443 and looks like normal SSL traffic unless you decrypt it.

      By default OpenVPN is UDP traffic over port 1194, although you can use TCP over 443.

      The behaviour of OpenVPN over TCP differs quite a bit in packet flow compared to most HTTPS requests. While both use OpenSSL over TCP, HTTPS requests typically follow the pattern of : connect -> short burst of data -> short burst of data from client -> long burst of data from server -> short burst of data from client -> long burst of data from server -> disconnect (according to http Keep-Alive).

      This differs from OpenVPN which tries to keep the connection open as long as possible (and upon disconnect reconnects almost immediately). The packet flow doesn't typically follow the short burst from client -> large burst from server pattern, since we're not dealing with HTTP underneath. A good way to throttle OpenVPN usage over TCP at port 443 is to throttle port 443 on the client side to allow for short bursts of data, but not allow sustained bandwidth intensive usage. Typical P2P usage even when the client isn't uploading much requires much more data from the client side than HTTP does. You can accomplish this on your average linux box with QOS, but that requires a bit of reading of the Linux Advanced Routing and Traffic Control HOWTO. It's a very enlightening document as to how the linux networking stack works, although it's quite a dry subject.

      And yes, you're going to hinder things like HTTPS file uploads of large files, but all in all that's something not many people need so the damage you do is pretty limited.

  3. So, rightsholders... by Neil_Brown · · Score: 2

    1.) Went to court, and were granted a ruling that the actions of the site in question infringed copyright, once the judge had listened to the evidence on each side.

    2.) Went to court again, seeking an order under s97A, CDPA 1988, that BT should block access to the site, and a judge granted it, having listened to the evidence on each side.

    3.) Will go to court a third time, to discuss the measures in question with BT, to determine what is proportionate.

    My instinctive reaction is against site blocking, but, as long as the laws on copyright stand - a debate in itself - this seems roughly the right procedure, giving multiple levels of legal scrutiny before imposing an order, rather things being done on a voluntary basis?

    1. Re:So, rightsholders... by Neil_Brown · · Score: 2

      Because they want to follow the court order to the letter and make sure their users can't just change their DNS etc. and get around the filtering, obviously.

      BT does not need to curb copyright infringement online. It needs to satisfy the requirements of the injunction, which will be determined as a result of the third hearing - I would expect BT to seek particular and clear technical requirements within the terms of the injunction, so that they can be demonstrably satisfied, rather than some vague wording about the effect which must be achieved.

      Similarly, the injunction must be "fair and proportionate and must not be excessively costly", so the obligations on BT must be set at an appropriate threshold to fall within the requirements of directive 2004/48/EC - otherwise, BT can apply for the injunction to be set aside, on the grounds that the court did not have the power to grant the injunction.

  4. and this is what the IWF has always been for by Hazel+Bergeron · · Score: 4, Interesting

    I've endured half a decade of being told I'm a tinfoil-hat-wearing maniac for suggesting that the IWF - already in a strange, anti-competitive position of being a private charity endorsed by government and given special legal privileges - is a slippery slope and that technology based on its list would eventually be used at a judicial level to block other sites.

    It required lobby groups to step up the pressure in the courts. We've seen that over the past few years. It required an Act to consolidate the views of these lobby groups and set the legislative view of Internet censorship. That was the DEA. Next comes implementation.

    Abusing children is wrong and the law has a duty to stop it.

    Censoring 0s and 1s does not stop children being abused, but it does provide a framework for censorship.

    The IWF list's implementation has not stopped any child abuse, but it has sat as the foundation stone for the Great Firewall of the UK.

    Every one of you geeks who works for an ISP which has caved into government pressure to implement the list should be ashamed. You are the problem.

  5. Re:At the ISP's cost? by Chrisq · · Score: 2, Interesting

    I wonder:

    1. How much this will cost the ISP, especially considering the growing number of sites that provide links to warez. If you only block a few, other will pop up and it will be ineffective. Block many and it will probably have an impact on required infrastructure.

    The ISPs may well wait for a court order to close each one so that they don't have a large overhead.

  6. Full text of judgment by Neil_Brown · · Score: 4, Informative

    is available on BAILII.

    (BAILII - British and Irish Legal Information Institute - is a very valuable resource indeed, for lawyers and those who simply want to understand the laws affecting their lives. legislation.gov.uk is another useful resource.)

  7. Google, Bing and Jeeves by ciderbrew · · Score: 4, Interesting

    How can I add Google, Bing and Jeeves to this list? I want to see how that works out?

  8. Re:No appeal? by Darkon · · Score: 3, Insightful

    To protect their interest, they are trying to enforce laws that are currently being broken. Seems reasonable to me. Hopefully, this will deter the casual downloader who isn't particularly aware of the illegality of what they are doing.

    It's a slippery slope though. How long before Ryan Giggs or someone like him demands that they block Twitter to protect his super injunction?

  9. Re:No appeal? by MoonBuggy · · Score: 4, Interesting

    To protect their interest, they are trying to enforce laws that are currently being broken. Seems reasonable to me.

    The Cleanfeed infrastructure was sold to the public on the basis that it would be used to block child abuse content and nothing else; it was specifically said time and again that this kind of thing absolutely and categorically would not happen. Even ignoring that, Newzbin simply provides links, they don't host any infringing material - blocking them seems a stretch of copyright law at best. Saying "it's the law, so it's right" is also dubious - the sites blocked by the great firewall of China are illegal under Chinese law, for example; does that make it right to censor them?

  10. Re:wating for everyone to use a VPN by Opportunist · · Score: 2

    I can see a few companies getting a wee bit upset about that idea of not being able to call their IT staff at home and during holiday and 'ask' them to fix something 'quickly' even if they're a continent away.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  11. Re:Cleanfeed - read Richard Clayton's paper by lostsoulz · · Score: 2

    Replying to myself has caused a temporary split-brain issue. Anyhow, more useful comment on Richard's blog:

    http://www.lightbluetouchpaper.org/

  12. Re:At the ISP's cost? by whoever57 · · Score: 2

    BT already has in place a system called CleanFeed [wikipedia.org]. CleanFeed uses Deep Packet Inspection, so DNS changes won't affect it. Implementation is likely to be trivial - it costs next to zero to add an entry to a table.

    And let's not forget that this type of action tends to reduce the ISP's bandwidth usage, hence reducing its costs. A few customers will be lost also, but don't forget that those customers are probably unprofitable for the ISP (as they are high bandwidth users).

    --
    The real "Libtards" are the Libertarians!