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'DMCA 2.0' Draft Hints at Filters With Notice-and-Staydown SchemeErnesto Van der Sar, 23 Dec 12:05 AM It is a busy week for copyright proposals in t

'DMCA 2.0' Draft Hints at Filters With Notice-and-Staydown Scheme Ernesto Van der Sar, 23 Dec 12:05 AM It is a busy week for copyright proposals in the United States, one that will resound far into the year ahead. A few hours after the 'CASE Act' and the 'Protecting Lawful Streaming Act' were approved as part of the spending bill, a discussion draft for a new and improved version of the DMCA was revealed. The draft (pdf) was published by Senator Thom Tillis, who started a thorough review of the copyright law last year. After hearing dozens of experts and stakeholders, the Senator released what he considers to be a more modern version of the 20-year old DMCA. "The Digital Millennium Copyright Act was passed in 1998, and while it was revolutionary at the time, the law simply hasn't kept pace with changes in technology. The DMCA is now antiquated and is past-due for modernization," Senator Tillis said. "This discussion draft is the result of a year-long series of hearings and months of feedback from creators, user groups, and technology companies." Titled the "Digital Copyright Act of 2021," the proposal suggests various updates and changes that have ignited instant opposition from digital rights groups. We will provide a summary of some key proposals but there will be more to unpack in the future. Notice and Staydown The current DMCA requires online services to remove copyright-infringing links or files when they are alerted by copyright holders. This won't change in the new proposal but simply taking down content is no longer sufficient. When copyright holders inform services that 'complete or near complete' copies of their works are being shared online without permission, these platforms have to ensure that this content stays offline. While the draft doesn't mention filters specifically, the 'staydown' language indirectly requires online sites and services to monitor and filter uploaded content. This would be similar to Article 17 of the EU Copyright Directive. Copyright holders have argued in favor of a staydown requirement for years. They argue that this is essential to end the piracy 'whack-a-mole' where they have to send hundreds of takedown requests for the same content. Disconnecting Repeat Infringers? The existing DMCA already requires ISPs to disconnect repeat infringers, but it's not clear when this should happen, and if notifications from rightsholders are sufficient as evidence. This ambiguity has led to a series of lawsuits where ISPs are accused of failing to adhere to the DMCA. The new Digital Copyright Act should bring an end to this uncertainty. The discussion draft proposes to get rid of the "repeat infringer" and replace it with "persons that, on multiple occasions, were the subject of notifications (…) that were not successfully challenged." More importantly, it requires the Copyright Office, together with the National Telecommunications and Information Administration, to develop a policy model that specifies what a frequent offender is and how these persons should be handled. This suggestion is in line with the Copyright Office's own assessment from earlier this year, which called on Congress to clarify when a user's account should be terminated. Small Claims, Copyright Abuse, and More The discussion draft also proposes using a small claims tribunal for smaller copyright offenses. This pretty much means incorporating the CASE Act in the new law but that seems unnecessary now that the proposal has already been passed. A more novel suggestion in the 'DMCA 2.0' is to keep a list of companies and copyright holders that repeatedly send false takedown notices. These 'flagged' abusers are placed on a list maintained by the Copyright Office. When online services receive takedown notices from blacklisted senders they are not required to act. In other words, they can ignore these takedowns without losing their safe harbor. Praise and Outrage As mentioned earlier, the above is just an initial rundown of the proposal, which by itself is merely a discussion draft. And based on the early responses, there is plenty to discuss, or not. "There's nothing to discuss," The Electronic Frontier Foundation notes in an early response adding that "the bill, if passed, would absolutely devastate the Internet." Re:Create is equally offended by the draft stating that the proposed Digital Copyright Act "would fundamentally end online creativity as we know it." Public Knowledge, meanwhile, notes that the draft text "would significantly curtail online speech, subjecting every upload to mandatory content filtering while effectively eliminating fair use on the internet." As is often the case with copyright law proposals, the responses are mixed. Rightsholders are pleased with most of the suggestions, which is reflected in an early response from 22 music groups. "Through a thoughtful, deliberative process, Senator Tillis has developed an important proposal. By digging deep into the substance, engaging a broad universe of stakeholders and experts, and confronting the issues, Senator Tillis and his team have started an important discussion about how best to provide incentives for success," they say. From: TF, for the latest news on copyright battles, piracy and more. We have some good VPN deals here for the holidays. US Passes Spending Bill With CASE Act and Felony Streaming Proposal Ernesto Van der Sar, 22 Dec 03:56 PM Earlier today Congress approved the 5,593-page spending bill. In addition to the necessary paperwork to keep the Government running, the bill also included COVID-19 relief measures and other last-minute additions. Copyright Proposals Passed These late additions include two controversial pieces of copyright legislation: the CASE Act and a new felony streaming proposal. Both were passed as part of the package with little to no discussion. The spending bill will now be sent to President Trump for a signature, after which it becomes law. This means that the two controversial copyright proposals are set to change how certain copyright infringement issues are handled. The CASE ACT The CASE Act, short for "Copyright Alternative in Small-Claims Enforcement," establishes a copyright claim tribunal within the United States Copyright Office. This new board will provide an option to resolve copyright disputes outside the federal courts, which significantly reduces the associated costs. The tribunal aims to make it easier for smaller creators, such as photographers and songwriters, to address copyright infringements without starting an expensive lawsuit at a federal court. If targeted 'infringers' don't want to participate, they have the choice to opt-out. Opponents fear that the new tribunal will trigger an avalanche of claims against ordinary Internet users. It would be an open invitation to copyright trolls as it allows them to file cases cheaply. Defendants risk potential damages of $15,000 per infringement, up to $30,000 per case. Trolls The public interest group Public Knowledge is disappointed with the passage of the bill, which it fiercely opposed. It was "forced into passage", according to Legal Director John Bergmayer, and exposes ordinary citizens to steep fines. "The bill creates an opportunity for copyright trolls, who can file claims against small-time artists and individual internet users, and sets up a process that can deny defendants their usual rights. It is deeply problematic, and we will fight for its repeal," Bergmayer says. It is worth stressing that the copyright trolls who go after file-sharers in court can't easily exploit the new tribunal, as it has no subpoena power. This means that rightsholders can't start a case against a "John Doe" who's only known by an IP-address. Supporters of the bill have argued it will greatly benefit smaller creators and may also help people who are subject to copyright abuse. For example, by taking a DMCA takedown dispute to the tribunal instead of the federal court. Felony Streaming Proposal In addition to the CASE ACT, the felony streaming proposal was also passed with the spending bill. The foundations of this proposal date back to the SOPA and PIPA bills, but the most recent version, announced by Senator Thom Tillis last week, is much smaller in scope. The felony streaming legislation, titled the 'Protecting Lawful Streaming Act of 2020', will allow law enforcement to prosecute pirate streaming services. This was complicated under current US copyright law, as streaming can only be charged as a misdemeanor, not a felony. The new proposal amends US copyright law by adding a section that allows commercial streaming piracy services to be targeted while leaving individual streamers out of the crosshairs. Specifically, the bill makes it unlawful to provide a service that's primarily designed to show copyright-infringing content, has no significant commercial purpose other than piracy, or is intentionally marketed to promote streaming piracy. Twitch and YouTube The streaming felony legislation targets people or organizations that provide a "digital transmission service." This means that it doesn't apply to ordinary users who stream something on YouTube, Twitch, or any other streaming platform. This distinction between services and individual streamers is crucial as the opposition to previous bills focused on the fear that new legislation would send ordinary people to jail for accidentally streaming a copyrighted video or music track. The passage of the felony streaming proposal is an early Christmas present for major copyright holders who have complained about this gap in the law for years. The music industry is also pleased, both with the CASE Act and the felony streaming legislation. "The Copyright Alternative in Small-Claims Enforcement (CASE) Act and Protect Lawful Streaming Act (PLSA) will strengthen creators' ability to protect their works against infringement online, and promote a safer, fairer digital environment, which are particularly needed as the arts struggle to survive the pandemic," RIAA and other music groups commented. Going Forward If President Trump signs the spending bill, which he is expected to do, wheels will be set in motion to create the small claims copyright tribunal. Details of when it can be used and how it will work will be announced at a later date. Time will tell how both pieces of copyright legislation will affect copyright enforcement. That applies to the small claims cases, but also to the streaming legislation, which could be the start of a broader crackdown on streaming services in US Courts. From: TF, for the latest news on copyright battles, piracy and more. We have some good VPN deals here for the holidays. Police "Seize" Pirate IPTV Platform, Prepare to Identify 50,000 Users Andy Maxwell, 22 Dec 08:41 AM While rightsholders and authorities all around the world are working to disrupt pirate IPTV platforms, in 2020 Italian law enforcement entities have been more involved than most. Every few weeks agencies including the Guardia di Finanza have announced fresh action to try and reduce the use of piracy-enabled set-top devices, often referred to by the term 'pezzotto'. New Legal Action Against 50,000-User IPTV Platform According to an announcement by the Provincial Command of the Guardia di Finanza of Milan, an operation coordinated by the Public Prosecutor of Milan has resulted in the "preventative seizure" of an IPTV platform through which more than 50,000 users were accessing TV content without permission. The name of the platform hasn't been directly released by the authorities but a video claiming to show aspects of 'Operation: The Net' shows the URL Webnet.cam (currently down) apparently involved in IPTV. Considering sports broadcasters are some of the entertainment companies hardest hit by the proliferation of piracy-enabled devices, it is no surprise that the action follows preliminary investigations carried out by Sky Italia and football league Serie A. These entities filed complaints with the authorities, triggering an investigation by the Milan Economic-Financial Police Unit and the Computer Crimes Team of the local Public Prosecutor's Office. Large Pirate IPTV Operation Uncovered "Subsequent investigations revealed the existence of an interconnected organization, operating in different regions of the national territory, dedicated to the sale and distribution of decoding devices suitable for allowing access to the IPTV encrypted service to enjoy television content, without payment of the applicable fees," GdF's statement reads. GdF IPTV Seizure Notice According to the law enforcement entity, the investigation against the platform was made more complex due to the suspects' use of VPNs to "anonymize communications". Nevertheless, three individuals have now been reported to the prosecutor's office for breaches of Art. 171 of Italy's Copyright Law, which for criminal infringements can mean fines and/or imprisonment. Serie A Welcomes Action, Warns Subscribers "We are extremely satisfied with the results we are achieving in synergy with the Public Prosecutor's Office in the field of combating audiovisual piracy. The work carried out has completed an operation of great importance," says Serie A CEO Luigi De Siervo. According to Siervo, after identifying those at the top of the "criminal organization" with the assistance of anti-piracy company Digital Content Protection, attention is now being turned to the people who subscribed to the illegal service. "It is a further step forward in our daily battle because thanks to the seizure of the database of these criminals, the final users are being identified who will, in turn, be reported and prosecuted with penalties ranging from 2,500 to 25,000 euros," the Serie A chief warned. Whether this threat will be carried out at scale will remain to be seen but Italy has already shown a willingness this year to go after pirate IPTV subscribers. In February, the Guardia di Finanza said it had reported 223 subscribers of pirate IPTV services to the judicial authorities. This latest operation against the 50,000-subscriber platform follows on the heels of two others involving Italian authorities in recent months. In September, the Guardia di Finanza said that 58 sites and 18 Telegram channels had been blocked for their involvement in pirate IPTV. Then last month, a massive law enforcement operation ("The Perfect Storm") carried out across Europe reportedly shut down 5,500 servers used to stream pirated TV broadcasts, live sports, and movies to the public. From: TF, for the latest news on copyright battles, piracy and more. We have some good VPN deals here for the holidays. ©2020 TorrentFreak | Office 21338 PO Box 4336 Manchester, North West M61 0BW United Kingdom Web Version   Preferences   Forward   Unsubscribe     Powered by Mad Mimi®A GoDaddy® company