iiNet v AFACT: Internet filtering raised in Court
- 05 November, 2009 13:58
- Comments 10
The Government's ISP filtering trial has featured prominently in the Australian Federation Against Copyright Theft’s (AFACT) cross examination of iiNet CEO, Michael Malone.
On day 14 of the copyright trial, AFACT barrister, Tony Bannon, quizzed Malone on his knowledge of methods to block certain websites on a network. The barrister made specific reference to the ACMA blacklist, a catalogue of websites containing illicit material – such as child pornography – used in the Internet clean-feed trial.
iiNet volunteered to participate in the trial but pulled out in March after Malone claimed the policy was “fundamentally flawed, a waste of taxpayers’ money and would not work”.
The iiNet chief conceded, to his knowledge, that there were ways to set-up roadblocks at entry or exit points to a network to prevent access to certain sites but said the company did not have the technical capabilities to enforce this.
Bannon then asked whether Malone was familiar with The Pirate Bay, a BitTorrent tracker website embroiled in a copyright case in Sweden. The tracker site was famous for supplying outlets to download unauthorised content but did not host the material. Its founders were found guilty of being accessories to crimes against copyright law in April and were all sentenced to one year in prison.
“[Does iiNet] have any desire for its customers to have access to a site where the only purpose it serves is to provide pirated copies of films?” Bannon asked.
That question was met with an objection by iiNet barrister, Richard Cobden, who suggested the desire of customers is “highly irrelevant”.
Bannon retorted that applicants of this case are seeking a Court order to block access to certain sites including The Pirate Bay. He pointed out 50 per cent of infringement instances submitted as evidence concerned files from that particular tracker site.
Malone said he was aware of its existence through media coverage but said iiNet had not taken any action to block customer access to The Pirate Bay. While tools existed to enforce a block, those methods could be "trivially bypassed" through technical means, he said.
“To do a very naïve block of certain sites [is possible] with the addition of more equipment,” Malone said. “I know this because we would have required the equipment to participate in the Government’s filtering trials but even then it could be trivially bypassed by customers that want to bypass it.
“To completely and conclusively block asses to The Pirate Bay, I believe it to be beyond our technical capability or of any ISP.”
Bannon pointed out iiNet did in fact have the necessary tools to do so, in particular the Cisco 2600 series router. Malone could not say for certain the company owned such a router but said if that was true, it did not have the scale or capability to extend the services across its entire network.
“[By reason of iiNet’s] continued connection of customers generally without taking any steps, including to particular customers, we are arguing it amounts to sanctioning and authorisation of conduct of [actual or suspected infringement activities],” he said.
Representing a number of movie studio applicants, AFACT has taken iiNet to Court over copyright issues. The plaintiff has accused the ISP of “authorising” its subscribers to break the law by turning a blind eye to copyright infringement activities through BitTorrent, a peer-to-peer (P2P) file transfer client.
For a detailed timeline of the trial, click here.
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Comments
Ben
2600 router??? hahahaha!
lol the 2600 router!!?? What would an ISP be doing with an SMB router? How exactly are they supposed to put their entire customers traffic through it lol!
Anonymous
Maybe thats why my optus conection is so slow
Hyding
Why not? and Is it the right thing to do by the actual owner?
It is obvious that Michael Malone (purely based on this article and others similar) is simply unwilling to support a blacklist his reasons for this are his own. I suggest that they are for one of three reasons. 1. Malone believes that the internet should be accessible to all, irrespective of the content that the site delivers, be it child pornography, illegal downloads or IT news content, and that iinet supports everyone's ability to be able to choose the content they download freely. 2. Commercial reasons that iinet will lose money by restricting access to sites, such as the Pirate Bay, because customers will choose less reputable ISPs to access illegal content. 3. iinet welcomes the downloads from these sites, as iinet requires the amount of content downloaded across its network to continue to be commercially viable, and a threat to the type of content that is download especially one with such a high percentage (believed to be conservatively 70% of all downloaded content, see for example http://www.ipoque.com/resources/internet-studies/internet-study-2007) of the overall traffic volumes is too risky to allow anyone to mandate either blocking or shaping of the traffic to these sites.
I am not for one second suggesting that Mr. Malone should do anything other than reject the calls to block illegal traffic downloads, as to the iinet shareholders he is doing the right thing. The question is simple, is he doing the right thing by the owners of the content? This I think is the whole crux of the discussion, I don’t believe that the ISP should be held accountable for the policing of the internet, however if an owner of copyrighted material can provide evidence of this material being transported to an account holder on the ISP’s network that a penalty of this theft should occur. In my opinion this penalty should be the disconnection of the service, potentially a fine which is payable to a body such as SoundExchange or a new equivalent however everyone that suffers a penalty should have their details registered with a national (potentially international) body so that there activities are more closely reviewed for a period of time.
I realise that this will impact on potentially innocent people eg those at home and their children download content, but I ask should you allow your kids to access illegal material, why should the parents not be held accountable for their children, after all they raised them to act that way; Hotspot providers and other multi tenanted internet connections, however that is more easily controlled, with address filters which are incredibly easy to access and managed, now cost next to nothing and are almost compulsory now for all IT environments.
I suppose I simply believe that the company/person that owns the product should have the ability to be able to control who and for how much the product is sold for. If the owner decides to charge to much that simple principles of demand and supply will control the price, if it is simply overpriced as all the leachers will complain, don’t buy it and listen to it on the radio or watch it on TV. The problem at the moment is that the owners cannot control anything, because the distribution of the product is so easy and the theft of the product so simple, that people believe that it is the norm to download for free and there are no consequences for their theft. I ask if someone hacked into Coca-Cola and downloaded the recipe for Coke, then made it available on the internet for the whole connected world to view for free, was caught, convicted, fined and imprisoned; would anyone react to this sentence as if it was harsh? How different is this in comparison to the copying and distributing of music/movies/software etc.
Anonymous
WOW, the AFACT barrister needs to get his facts straight..... the 2600 router went end of life in 2006, it was for SMB deployments of less than 200 users...
Anonymous
AFACT bloody idiots
AFACT should pull their lip over their heads and swallow.
duncs
Goodness gracious me. That is all.
SHG
a... Cisco 2600?
jebus, what century are these people living in? I'd barely trust a 2600 to handle the traffic INSIDE MY HOUSE.
Simon Shaw
Blocking Pirate Bay.
Mr Malone is correct here, it is impossible to conclusively block access to Pirate Bay.
Customers could use a variety of means to bypass any ISP block.
(Such as a VPN link).
Hyding
Blocking Pirate Bat
I think that if you can effectively remove 95% of people from downloading copyrightable material by removing the ability to do it easily, that will make AFACT happy.
Of course people can use VPN tunnels to do this, however relies on the point at the other end, 1. having enough ports to be able to have that number of VPNs running through it (which requires cash investment on a larger scale, not something that most people/companies will do), 2. means that the IP address of both ends of the tunnel can be tracked and more effectively blocked or tracked, this will lead to a great and more effective prosecution rate, again which AFACT or bodies like this will like.
So why not block the lower skill leveled downloaded, that way if you want to do it, you still can, but it will require considerably more effort.
Mostly Anonymous
Blocking anything is at best temporary
You won't stop 95% of downloads by blocking Pirate Bay. Instead, you would encourage hundreds of smaller trackers to pop up.
Pirate Bay is big only because it has survived a long time. There's nothing special about it. It can and will be replaced, and if centralised trackers are targeted, the response will be decentralised trackers.
The fight that AFACT is engaged in is completely mistargeted. They have brought internet piracy on themselves by being unresponsive to customer demands. They deserve bankruptcy.
Sadly, on the way out they can do a lot of damage to freedom on the internet. This must be resisted. If they win over iiNet, all internet users lose.
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