Friday, January 5, 2024

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Estonian Government Eyes a Pirate Site Blocking Regime
Ernesto Van der Sar, 05 Jan 11:45 AM

Page BlockedIn recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world.

ISPs in more than forty countries prevent subscribers from accessing a variety of 'pirate' sites, in response to a court order or through a regulatory regime.

Estonia Explores Site Blocking

European countries have been particularly receptive to these measures with Estonia now considering a similar framework. The Ministry of Justice has presented an initiative that would empower Estonia's Consumer Protection and Technical Regulatory Authority (TTJA) to order pirate site-blocking measures.

These orders would require local Internet providers to block certain websites to deter piracy. While there is no fully drafted bill yet, stakeholders including rightsholders, media organizations, and digital rights advocates, are being asked to share their positions.

According to the Ministry of Justice, the current situation leads to elevated piracy levels. A recent EU report highlighted Estonia as the country with the highest number of visits to pirate sites in Europe.

Lowering Piracy Rates

A high piracy rate affects rightsholder revenues so the introduction of a site-blocking regime should help to address this problem, the logic goes.

"The purpose of the possible amendment to the law is to ensure modern and effective protection of copyright and related rights," the initiative reads, adding that DNS and IP-based blocking allows ISPs to block foreign pirate sites too.

"[T]he Consumer Protection and Technical Supervision Authority (TTJA) must be empowered to issue injunctions to internet service providers to block access to the infringing sites in Estonia."

Before the issuance of an injunction, site operators would be given a few days to appeal. Should none arrive, Internet providers would be ordered to implement the blocking measures or face a penalty.

Internet Society Pushes Back

While most rightsholders will be pleased with the proposal, the Estonian Internet Society believes that the proposal goes too far. The digital rights group has noticed a trend of increased 'censorship' in the country and sees this proposal as the next step.

Board member Märt Põder previously told ERR that it's unclear whether these measures will have any effect. After previously blocking Russian propaganda, targeting pirate sites is a "baffling and unacceptable escalation."

Speaking with TorrentFreak, Põder says the blocking proposal raises both technical and legal challenges.

"An attempt to introduce another blocklist in the footsteps of special cooperation for blocking war propaganda is almost sociopathic and dangerous to Internet freedom, also because a plan to use more invasive IP blocking in addition to DNS blocking is on the agenda."

Blocking & VPNs

The Ministry of Culture cites Estonia's high piracy rates as a key motivation. However, Põder notes that these data are flawed because blocking regimes motivate people to hide their locations through VPNs, which results in biased statistics.

"The motivation refers to Estonia being on the top of EU piracy statistics, but this is arguably also because Estonia has also very low use of VPNs, which means people do not need to hide their Internet usage," Põder says.

The Internet Society will share these and other concerns with the government, which will start reviewing all stakeholder responses after the deadline next month. That will ultimately determine whether the plan will move forward or not.

In recent years the Estonian Internet Society has fiercely protested any blocking efforts in the country. At the moment, only online casinos are formally banned, but age-related porn blocks are also on the agenda, and now pirate site blocking is too.

"This initiative of the Ministry of Justice comes as a complete surprise to netizens in Estonia, and not a good one," Põder concludes.

From: TF, for the latest news on copyright battles, piracy and more.

Lithuania's €140 Piracy 'Fines' Will Pay Off, Lawyer Says
Ernesto Van der Sar, 04 Jan 09:47 PM

While streaming piracy dominates in many parts of the world, quite a few Lithuanians prefer sharing content using BitTorrent instead.

Private torrent tracker Linkomanija is often the top choice. The site has been around for two decades and has weathered many storms, including a high-profile lawsuit from Microsoft.

The tracker's users have also been called out repeatedly. Fourteen years ago, local anti-piracy outfit LANVA reported the IP-addresses of 106 Linkomanija users to the police with a request to take action. In response, the tracker's operator reported the anti-piracy group to the police for illegally accessing its tracker.

As far as we know, these early moves didn't result in prosecutions. LANVA's boss was eventually jailed for drug trafficking, but that had little to do with the group's anti-piracy efforts or its support from rightsholders.

Today, there's no trace of the infamous anti-piracy group, but that doesn't mean that Linkomanija and its users are no longer at risk. The private tracker is currently blocked by Lithuania's largest ISPs and its users are still being tracked.

€140 Piracy 'Fines'

A breakthrough came last summer when Lithuania amended its Code of Administrative Offenses, allowing media watchdog LRTK to fine pirates, without going to court. In the months that followed, dozens of fines were handed out, almost exclusively to Linkomanija users.

The targets were first time offenders and all received the minimum fine of 140 euros. For repeat offenses, fines can potentially reach 600 euros.

According to our calculations, thirty people have been fined so far. However, a local news report from LRT mentions "around 50 people." What's clear, however, is that users of the 'private' torrent tracker are being watched.

"We can see them and their IP addresses and we cooperate with internet service providers to obtain information," Vadimas Gasperskijus, spokesman for the Lithuanian Radio and Television Commission told LRT.

Those caught will get a chance to explain why their IP-address is showing up in these 'pirate' swarms. After taking in that information, the commission decides whether a fine is appropriate.

Piracy Reduction?

The Lithuanian system is fairly unique and, on paper, it should act as a reasonable deterrent against some casual downloaders. But will seasoned torrent tracker users go legal too?

Lithuanian lawyer Andrius Iškauskas, who represented several copyright holders in court, believes that the current measures are sufficient to put a dent in the country's high piracy rates.

"The government has made it very clear to its citizens that no, we do not tolerate piracy," Iškauskas says. "And I think that, alongside other measures, it was a logical step that fits well into the overall anti-piracy effort and will reduce piracy."

This positive outlook isn't directly backed up by numbers. According to a recent report from the EU Intellectual Property Office, Lithuania remains in the top three pirating countries. However, these data were gathered before any fines were issued; the next version should provide more clarity.

Linkomanija vs. Netflix

There are some other public stats we can use as an early gauge though. Looking at the number of visits to Linkomanija between September and November last year, we see little change.

The traffic numbers for Lithuania's most popular torrent site, as reported by SimilarWeb, are steady at around 1.7 million visits per month. That's a sizable number since the country's population is under three million.

While it makes sense that the thirty or fifty 'fined' users are no longer openly downloading content from Linkomanija today, there's certainly no mass exodus visible at the site.

Luckily, there are some positive numbers for rightsholders as well. The use of legal streaming services is on the rise in Lithuania. The number of Netflix subscribers, for example, increased from 84,000 in the first half of 2022, to 90,000 a year later.

Then again, Linkonanija has more than 300,000 users according to the most recent count we've seen, so there is still some progress to make there.

From: TF, for the latest news on copyright battles, piracy and more.

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