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Are US ISPs close to a voluntary three-strikes system?
By CMU Editorial | Published on Friday 24 June 2011
According to CNET, the US record industry is getting close to a deal with some key American internet service providers – including big players like AT&T, Comcast and Verizon – that would see the net firms introduce some sort of three-strikes system to combat illegal file-sharing.
The Recording Industry Association Of America, of course, pursued a self-harming sue-the-fans strategy to combat online piracy for years, sending legal letters to thousands of suspected file-sharers, recouping less than their costs in damages, and having no noticeable impact on file-sharing levels.
Just over two years ago the trade body announced it was ending its sue-the-fans programme and would instead follow the lead of its counterparts in Europe to try and persuade the ISPs to take a more proactive role in policing file-sharing, by sending warning letters to suspected file-sharers with the threat of ‘technical sanctions’ against those who continue to access unlicensed content online.
Of course in most other countries where three-strikes has been pursued it has taken a change in the law to force reluctant ISPs to take part. But according to CNET, after a long period of negotiation, it is looking likely that the American net firms will voluntarily start sending out warning letters to any file-sharing customers, as identified by the RIAA.
It is unlikely users who persist in file-sharing will lose their internet connection under this voluntary system, though signed-up net firms would operate some sanctions against those who ignore the warnings, maybe including the ‘bandwidth throttling’ being considered as a sanction under the British three-strikes system, or maybe the application of filters that block user access to websites and services often used for sharing files illegally. It seems likely participating ISPs would be able to choose their own sanctions once it gets to that stage.
CNET’s sources admit though no actual deals have been signed as yet, but say that talks are now moving along much more swiftly than before, partly because the White House has been talking tough on copyright issues of late, leading some ISP execs worrying that if they don’t put a voluntary system in place Congress may legislate on the issue.
As yet neither the content owners nor the net firms have responded to this report.
