You are sitting comfortably in your couch watching the movie you just rented on VOD when the postman rings your doorbell. "It for a recommended ". HADOPI inform you that this is the second time that your access to the Internet is used to illegally download a movie on BitTorrent. Next time your Internet access will be cut. You have done nothing yet illegal. But The Pirate Bay has been by chance, your IP address to pirate hunters. Coming soon to your screens?
is currently a scenario of pure fiction. But it might not be the case if the cons opinion of the European Parliament, senators and members agree to vote the French graduated response that the Minister of Culture will present them at the end of the month his bill Creation and Internet.
The bill provides for giving rights holders the opportunity to collect the IP addresses used on P2P networks to illegally share copyrighted works. The beneficiaries will then provide the listing of the High Authority for the dissemination of works and protection of rights on the Internet (Hadopi), which will require service providers to identify Internet subscribers whose IP address appears on the statement. The Hadopi then check whether the subscriber is a repeat offender and if so, advocate sending a warning letter by registered or suspension of the subscription Internet's guilty. But it is also necessary that the subscriber is actually guilty.
As demonstrated by U.S. researchers last summer, it is very easy to fake a P2P network to provide tools to collect IP addresses entirely fictitious. By sending the "pirate hunter" one of the IP addresses of the university network, and they have received complaints for a download supposedly made by ... a network printer. Some of the tools used by companies authorized by the rights holders to make the statements simply because the servers to query (or trackers) to get the latest known IP addresses of users who shared the file hacked. But they do not systematically carry out the checks in one to one interviewing each IP address to initiate a download, and are content to establish the "minutes" on both the statement sent by the server.
Now to put a spoke in the wheels of the pirate hunters and compel them to initiate downloads (which is much more cumbersome and costly, complex and legally), The Pirate Bay has decided to voluntarily pollute its trackers by inserting random listings in its whole package of IP addresses at random, from blocks existing address. A customer who has never used BitTorrent his life may well see its IP address appear on the tracker and be caught in the cracks of pirate hunters without further verification.
If the strikes were effective, internet and innocent people could be convicted on mere administrative decision based on an unverified statement. In France, to our knowledge, the procedure for collecting IP addresses confirmed by the CNIL does not provide a download is initiated to verify that the suspect actually sharing the work for which the address is taken. Faced
the problem, the Ministry of Culture as the only response was quickly abandoned, the defendants offer to provide Internet Piracy proof of their good faith by producing their blank hard drive of any file infringes.
is notably due to the extreme fragility of the evidence that Numerama chose to commit to launching the Iniative 60 Seconds Against Hadopi. The first participants knew what they were in fact not wrong, choosing mostly to focus on the possibility to hack the WiFi access to its neighbor.
But it is also and mainly for this reason that the European Parliament has asked that any suspension of the subscription Internet is preceded by a judicial review of the judiciary, and not be ordered by simple administrative decision. The judge has indeed legal obligation to conduct an audit of the strength of the evidence. Now if the government opposes the amendment 138, it is because he fears that the rights of the defense of Internet can be met. Source
Numerama
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