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  1. #OpCAS
  2.  
  3. Copyright Alert System (CAS)
  4.  
  5. What is the Copyright Alert System?
  6.  
  7. First, the Copyright Alert System is not a law. It’s a series of escalating notices and educational materials that ISPs will voluntarily present to subscribers allegedly distributing or consuming pirated digital content. The initial emphasis will probably be on movies, television shows, and music, but it can apply to anything. Content owners — movie studios, publishers, record labels, and the like — will give ISPs specific IP addresses any time that users on their networks are allegedly engaging in piracy. ISPs will then start sending notices to users.
  8.  
  9. The Center for Copyright Information (“CCI”) was formed as part of a collaborative effort between U.S. content creators in the movie and music industries and leading IPSs to help educate the public and deter copyright infringement and offer information about legal content options and protecting personal computers from unintentional file sharing through P2P networks. CCI Member companies and associations include the Motion Picture Association of America, Inc. (“MPAA”) and its members, the Recording Industry Association of America (“RIAA”) and its members as well as 5 major ISPs - AT&T, Cablevision, Comcast, Time Warner Cable and Verizon. Also Independent Film and Television Alliance and American Association of Independent Music (the major associations which represent independent film and music producers) are represented via their association with the MPAA and RIAA. CCI will also benefit from an Advisory Board of consumer advocates, privacy and education specialists and technical experts.
  10.  
  11. Together, CCI will work with its partner organizations to implement the Copyright Alert System (“CAS”), a progressive system aimed at educating Internet subscribers about digital copyright and the potential consequences of inadvertent or purposeful copyright violations through peer-to-peer networks.
  12.  
  13. Under this system content owners (represented by MPAA and RIAA) will notify a participating ISP when they believe their copyrights are being misused online by a specific computer (identified by its Internet Protocol (“IP”) address which indicates the connection to the Internet). The ISP will determine which of its subscriber accounts was allocated the specified IP address at the applicable date and time and then send an alert to the subscriber whose account has been identified. The alert will notify the subscriber that his/her account may have been misused for potentially illegal file sharing, explain and why the action is illegal and a violation of the ISP’s policies and provide advice about how to avoid receiving further alerts as well as how to locate film, television and music content legally.
  14.  
  15. CCI‘s CAS represents a fresh, collaborative approach to addressing digital copyright infringement through peer-to-peer networks.
  16.  
  17. The system was supposed to go live in July of this year, but is now expected to roll out with major ISPs by the end of 2012.
  18.  
  19.  
  20. Where did the Copyright Alert System come from?
  21.  
  22. Right now, most ISPs have their own set of policies and procedures for dealing with digital piracy — and they’re usually pretty hands-off. ISPs generally do not want to act as copyright police — they view that role as tremendously costly (with no upside), and a slippery legal slope that could alienate customers. As a result, most ISPs pursue anti-piracy policies in the name of network management — think of bandwidth caps that limit the amount of data subscribers can send or receive, with penalties for going over those limits.
  23.  
  24. Movie studios, record labels, publishers, and other representatives of the content industry aren’t happy with that situation. When they believe an Internet user is engaging in piracy, they can contact that person’s ISP and present their evidence, but the ISP isn’t under any obligation to do anything about it. After all, the report doesn’t carry any legal weight, and enforcement represents a burden. Most ISPs will warn users (or, sometimes, eventually disconnect them), but the policies are inconsistent and sometimes even non-existent. For the content industry, the Copyright Alert System means a more consistent response to reports of digital piracy — and, more importantly, that participating ISPs have agreed to participate.
  25.  
  26. For the content industry, the Copyright Alert System is also less likely to blow back on them. If there’s one thing the content industry has proven, it’s that threatening to bring legal action against all fire-sharers they believe might be engaging in piracy is costly, embarrassing, and largely unsuccessful (even with a recent re-instatement of a $222,000 penalty against Jammie Thomas). Groups like the RIAA and MPAA would rather work with ISPs — quietly and directly — than get lawyers involved.
  27.  
  28. The two groups hammered out the basics of the Copyright Alert System in mid-2011; their memorandum of understanding is filled with legalese but remains the most detailed articulation of the system to date. The system is being shepherded by the Center for Copyright Information, headed up by former People for the American Way executive Jill Lesseris.
  29.  
  30. How CAS works:
  31.  
  32. Under this system content owners (represented by MPAA and RIAA) will notify a participating ISP when they believe their copyrights are being misused online by a specific computer (identified by its Internet Protocol (“IP”) address which indicates the connection to the Internet). The ISP will determine which of its subscriber accounts was allocated the specified IP address at the applicable date and time and then send an alert to the subscriber whose account has been identified. The alert will notify the subscriber that his/her account may have been misused for potentially illegal file sharing, explain and why the action is illegal and a violation of the ISP’s policies and provide advice about how to avoid receiving further alerts as well as how to locate film, television and music content legally.
  33.  
  34. Alerts will be non-punitive and progressive in nature. Successive alerts will reinforce the seriousness of the copyright infringement and inform the recipient how to address the activity that is precipitating the alerts. For users who repeatedly fail to respond to alerts, the alerts will inform them of steps that will be taken to mitigate the ongoing distribution of copyrighted content through their accounts.
  35.  
  36. An example of the alert system is below:
  37.  
  38. First Alert:
  39. In response to a notice from a copyright owner, an ISP will send an online alert to a subscriber, such as an email, notifying the subscriber that his/her account may have been misused or involved in copyright infringement. This first alert will also direct the subscriber to educational resources which will (i) help him/her to check the security of his/her computer and network, (ii) provide explanatory steps which will help to avoid copyright infringement in the future and (iii) provide information about the abundant legal sources of music, film and TV content.
  40.  
  41. Second Alert:
  42. If the alleged activity persists despite the receipt of the first alert, the subscriber will get a second similar alert that will underscore the educational messages.
  43.  
  44. Third Alert:
  45. If the subscriber’s account again appears to have been used for copyright infringement, he/she will receive another alert, much like the initial alerts. However, this alert will provide a conspicuous mechanism (a click-through pop-up notice, landing page, or similar mechanism) requiring the subscriber to acknowledge receipt of this alert. This is designed to ensure that the subscriber is aware of the third copyright alert as well as the previous educational alerts.
  46.  
  47. Fourth Alert:
  48. If the subscriber’s account again appears to have been used for copyright infringement, the subscriber will receive yet another alert that again requires the subscriber to acknowledge receipt.
  49.  
  50. Fifth Alert:
  51. At this time, the ISP may take one of several steps, specified in its published policies and the alert itself, reasonably calculated to stop future copyright infringement. These steps, referred to as “Mitigation Measures,” may include, for example: temporary reductions of Internet speeds, redirection to a landing page until the subscriber contacts the ISP to discuss the matter or reviews and responds to some educational information about copyright, or other measures that the ISP may deem necessary to help resolve the matter. The ISP may decide to waive the Mitigation Measure at this point – but it would be applied if a further notice of copyright infringement associated with the same subscriber’s account is received.
  52.  
  53. Sixth Alert:
  54. If the subscriber’s account again appears to have been used for copyright infringement, the ISP will send another alert and will implement a Mitigation Measure as described above. As described above, it’s likely that very few subscribers who after having received multiple alerts, will persist (or allow others to persist) in the copyright infringement.
  55.  
  56. More info can be found at:
  57. http://www.copyrightinformation.org/
  58. http://www.copyrightinformation.org/about
  59. http://www.copyrightinformation.org/alerts
  60.  
  61. Other Sources:
  62. http://www.digitaltrends.com/computing/isps-preparing-to-embrace-copyright-alert-syste/
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