This is going to be an on going story about how big business may be sniffing your Internet packets without a search warrant in violation of the 4th amendment. Their justification is that they claim to be protecting copyrights. The reason I am unsure about the packet sniffing is that you are not told who your accuser is nor do you have access to their supposed evidence. To get this info you have to open a can of worms that allows them with all of their resources to more easily take legal action against you, who most likely can not even afford an attorney. This whole thing reeks of a Star Chamber.
These people with money have had regulations written by the FCC that was never meant to write laws, that strong arms your ISP (Mediacom in this case) into shutting down your account for supposed copyright violations with no due process, again in violation of the Constitution. There are also laws written by congress (the real congress not the super congress) dealing with copyright infringement. But I think most of us know that the congress is owned bought and paid for by powerful special interests.
To top it all off, the bottom line is that they want you to do this as there is an easy solution but they run from the solution, because the intent is to stifle free speech on the Internet. They want to strike terror in your heart every time that you download anything.
Every aspect of this story does not pass the smell test. It’s complete lawlessness. Does that surprise you in a nation ruled by an illegal alien from Kenya?
One thing that I have learned is that there really is no proof as to wrongdoing and that it is machine generated. Someone (I do not even have the right to know who my accuser is) all they go on I understand is the file name. For instance I could have a home movie called “Star Wars” and based solely on the file name I could get flagged for copyright violation when in actuality the movie is one that I made and own. The only way to verify if this is their material is to look in the packets (without a warrant) and do what is known as a CRC check and I am fairly certain that they are not doing this. So in effect they have NO proof of a copyright infringement but they get your Internet shut down and can even get criminal convictions with no proof! It’s amazing what money can buy these criminal thugs! They don’t even need proof and they don’t have to give you any due process as guaranteed under the Constitution. It’s a case of guilty until found guilty because they have lots of money.
This is a criminal gang, that has bought off our congress and has laws written for their special interests. In fact there is not even a law. It is my understanding that it is an alphabet soup agency such as the FCC that wrote the implementation of this “law” not congress as specified in the Constitution. Yes the more you dig the more it stinks.
What really aggravates me is the fact that by default everything is copy written. So saying that someone downloaded copy written material is really a misnomer. What should be said is that they DL’ed material the the copyright owner wanted to be compensated for and was not. And how are you to determine this when you click on a file and DL it? How are you to read the copyright owners mind? This file and this file are both copy written. The first file I happen to know the owner allows anyone to copy and distribute his work. The second I believe that is the case but am not sure. He has not made YouTube take it down at least. How about this movie at HuLu? There is a FBI copyright notice. So by watching it are you DL’ing and breaking copyright law? DL this one however and you will get a notice from your ISP that you have DL’ed copywritten material and they may terminate your service. And you may even be criminally prosecuted. How is one to know? You don’t and they want to keep it that way! It looks to me that this is being used to chill free speech on the Internet.
A solution to the problem would take maybe 8 hours of any competent programmers time. All that needs done is to write a Firefox plugin that when you start to DL a file that it would check against various databases to see if someone claims to have a copy right and also wants compensation, on that particular file. That would be too easy and put the companies that are paid by copyright holders out of business over night. It’s similar to expecting the cure for cancer from the American cancer society. It will never happen as that would put them out of business also. ( I realize the pitfalls and false positives of this method but it happens the be the way the copyright violations are machine generated and your Internet is shut down. I don’t think the founders thought that machine generated accusations met the standard of due process. )
The last slap in the face is that you can not find out who your accuser is or see their so called “proof” without filling paperwork that allows the ISP to identify you and thus open you to prosecution (and they will convict you I am told) with very sketchy evidence to say the least. Usually all they have for “proof” of a torrent download is an IP address and a file name. Not proof of anything at all…. But then again those with lots of money can purchase your being found guilty. Our legal system and legislature are for sale to the highest bidder.
There are several other scenarios where you can receive a false accusation of copyright infringement. One would be when an unauthorized person is using your network and another would be copyrighted material under the fair use law. If you would like to read more check out http://dmca.cs.washington.edu/faq.html – and thanks to commenter Jody for this link.
Enjoy the free Internet while you can. It is the plan of your government to change that fact as an educated electorate is dangerous to a criminal government.