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Piracy Shield: AGCOM Fines ISP Assoc. For 'Obstructing Supervisory Activities'Andy Maxwell, 06 Apr 11:00 AM From the moment Italian authorities anno

Piracy Shield: AGCOM Fines ISP Assoc. For 'Obstructing Supervisory Activities' Andy Maxwell, 06 Apr 11:00 AM From the moment Italian authorities announced they would build the most ambitious anti-piracy blocking system ever seen, it was clear that only controversy lay ahead. All that remained to be seen was when, at what scale, and how any chaos would be managed. Predictably, overblocking was an immediate problem, with blunders against Zenlayer and Cloudflare sounding alarm bells early on. Arguably of greater concern was the dramatic shift in behavior displayed by telecoms regulator AGCOM and the sports rightsholders set to benefit most from the system. Constant media appearances that bemoaned piracy and boasted the prowess of the incoming Piracy Shield system leading up to its launch, gave way to almost complete radio silence when everything began to go south. From that low point, further deterioration ensued. Attacks on the press for telling the truth, public statements that everything was running to plan, and a refusal to commit to a level of transparency that would allow those wrongfully affected to exercise their right to complain. More recently AGCOM has been rejecting legitimate complaints concerning Cloudflare overblocking; in some cases the reasons for rejection are directly linked to AGCOM's own failure to publish relevant information. ASSOProvider's Stand and Subsequent Reward ASSOProvider is an association representing the interests of more than 200 small to medium-sized companies and ISPs in the Italian internet and telecoms sector. It's perhaps the most vocal critic of Piracy Shield and the law that supports it, including the requirement that ISPs implement systems and commit workers to the program at their own expense. That led to ASSOProvider mounting a legal challenge in 2023, one that failed in its bid to prevent Piracy Shield getting off the ground. When the specter of overblocking raised its head in February, ASSOProvider called on AGCOM to grant access to information that might help to explain why it was allowed to happen. Information requested included domains and IP addresses blocked, reports and documents received from rightsholders, plus copies of the blocking tickets filed on the days when overblocking occurred. While no communication appears to have been received from the communications regulator on that topic, AGCOM has managed to find time to fine ASSOProvider for obstructing AGCOM's supervisory activities. More Piracy Shield Controversy The news that AGCOM has sanctioned ASSOProvider first appeared on the ISP association's website. "Assoprovider, which actively participated in the working group set up by the Authority to combat illegal activities, for as long as it was allowed to participate, requested clarification from the Authority as to why, without any valid reason, it should provide a list of Italian ISPs [members of ASSOProvider] at a certain point," the announcement reads. "However, these data are already in AGCOM's possession, as it manages the public communications registry (ROC), and, as stated in its memorandum defending against [ASSOProvider's legal challenge], it knows, just like everyone else, the identification details of all network operators and communication services." Life Suddenly and Coincidentally Becomes More Difficult Speaking with TorrentFreak, Fulvio Sarzana di S.Ippolito, lawyer and legal consultant of ASSOProvider, says the fine "coincidentally" arrived after ASSOProvider appealed against the recent decision of the local court and requested documents related to Piracy Shield. "ASSOProvider is an Association and not an operator [ISP], and it is not clear what supervision can be done and what obstacle it may have posed by exercising the constitutional rights to appeal to the Court and to submit a FOIA," Sarzana says. "AGCOM without any reason requested the list of Associates [ISPs] but the data of all the Italian operators are in its possession, as AGCOM itself clarified in its briefs before the Regional Administrative Court. Furthermore, AGCOM itself sent a notice to all Italian providers asking them to participate in the working table." Fine of 1,032 Euros Triggers New Resolve Exactly how much ASSOProvider has been fined isn't revealed in its announcement, but Sarzana confirms a figure of 1,032 euros. Not a huge amount in the bigger picture but significant enough to introduce yet another irritant into the Piracy Shield mix and by targeting its most vocal critic, enough to lead some to conclude that a message has been sent. Even if that was the case, ASSOProvider says it won't back down. Sarzana says the association will challenge the fine in all courts and "will not retreat an inch in fighting injustices and for legality." Indeed, ASSOProvider seems more motivated than ever. "For almost twenty-five years, ASSOProvider has always been at the forefront in the defense of civil rights," says ASSOProvider President Giovanbattista Frontera. "This time too we will fight for the affirmation of constitutional rights and for the recognition of citizens' right to a fair defense. We won't stop, and you won't stop us." From: TF, for the latest news on copyright battles, piracy and more. Danish Torrent Tracker Crackdown Leads to Another 'Mild' Sentence Ernesto Van der Sar, 05 Apr 08:54 PM Private torrent trackers with Danish roots have long been the go-to place for file-sharers in Denmark. Not anymore. Starting in the fall of 2020, Danish law enforcement toppled several thriving torrent communities. With help from local anti-piracy group Rights Alliance, DanishBits, NordicBits, ShareUniversity, Asgaard and others were systematically dismantled. Sting Operation When the first trackers fell, preparations for the operation had been ongoing for years. It all started when a former lawyer working for Rights Alliance went undercover at the private tracker DanishBits in 2016. As a quiet user, the infiltrator mapped the site's internal relationships and identified key individuals in the wider Danish tracker ecosystem. The details of this sting operation read like a film script but for many involved, it turned into a real-life drama. Not only were several trackers subsequently shut down, a number of community members were prosecuted too. More than two dozen people, from prolific uploaders to ringleaders, all had their day in court. After the tracker dominoes fell, more than two dozen suspects were investigated and taken to court. This resulted in a wide range of sentences, with most of the tracker admins receiving conditional prison sentences of a few months. Some were ordered to carry out community service. Conditional Prison Sentence This week, the National Unit for Special Crimes (NSK) announced the final sentence related to the 'Asgaard' tracker. The Court in Horsens sentenced a 48-year-old man from East Jutland, who pleaded guilty to copyright infringement, to a suspended prison sentence of 60 days. The defendant was the last of seven Asgaard tracker administrators to go before the court. The man helped to get the torrent site off the ground in 2019 and served as an admin of NordicBits before that; both offenses were accounted for in the conviction. Asgaard became immensely popular in Denmark toward the end of 2020, after DanishBits and NordicBits shut down. The site had an estimated 1.5 million monthly visits at its height, making it the biggest pirate site in the country for a while. Harsher Punishment Wanted The guilty verdict is good news for Rights Alliance, but a bittersweet victory. While the crackdown effectively decimated the torrent tracker problem, the sentences handed down have been relatively 'mild'. The tracker operator and many other "ringleaders" don't have to serve time in prison, as the sentences are conditional. Rights Alliance Director Maria Fredenslund notes that copyright and IP-related crimes are historically not viewed as severe crimes in Denmark, adding that a tougher sentence would be more effective. "Sentences for IP crime are in general too low in Denmark, to have a sufficient deterrent effect. We believe the sentences in many cases should have been much harder," Fredenslund informs TF. "The reality is that IP crime has not been seen as a severe crime in Denmark historically, so we are starting from a low point and building from there to obtain adequate sentencing that will keep others from committing similar crimes." NSK prosecutor Hans Bohn Sørensen is content with the verdict, however, which marks the end of the Asgaard prosecution. "I am satisfied with the verdict, which now ends the proceedings against the founders and administrators behind one of the largest illegal file sharing services we have had in Denmark," Sørensen says. Threat Neutralized? The recent sentence and those that were handed down earlier are not the harshest on a global scale and unlikely to spook hardened criminals. However, deterrence is not solely determined by the harshness of a punishment. Another factor that plays a key role is the likelihood of getting caught. With a multi-year crackdown on several trackers, Danish police and NSK have shown that this risk is, perhaps, higher than ever. Commenting on this aspect, Fredenslund praises the authorities' invaluable efforts, which helped to ensure that Danish file-sharing services no longer pose a significant threat to Danish rights holders. Of course, new trackers will always emerge but Rights Alliance sees these as marginal problems in the grander scheme. "The current trackers only harbor the very hardcore illegal users in Denmark. They don't pose a threat that's comparable to Asgaard, ShareUniversity, DanishBits, etc.," Fredenslund notes. With the final conviction of the last Asgaard admin, all cases related to the tracker are closed. Cases against other trackers are still pending, however. In the meantime, Rights Alliance maintains its focus on emerging threats, including those related to Artificial Intelligence. From: TF, for the latest news on copyright battles, piracy and more. Are you looking for a VPN service? TorrentFreak sponsor NordVPN has some excellent offers. ©2024 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