Wednesday, February 8, 2012

Strikes' Policies For Infringers Debated

January 27, 2010

As more countries weigh whether to punish serial copyright infringers by taking away their Internet access, critics debated Wednesday whether such efforts have a deterring effect. A panel discussion at the Congressional Internet Caucus' State of the Net conference examined such laws as one awaiting final approval in France that give infringers three chances to stop before their Internet access is cut off by a court and legislation working its way through the British Parliament that would impose graduated levels of notice against infringers with the ultimate sanction being a cutoff of Internet service.

John Morris of the Center for Democracy of Technology argued that given the importance of the Internet to education, business and other aspects of society, cutting off Internet access goes too far, saying the actions of a child could harm the entire family. "The response is disproportionate" to the crime, he argued. He said a more appropriate penalty would be a lawsuit.

The Computer & Communications Industry Association's Matthew Schruers added that more focus should be placed on "notice," when an Internet service provider or someone else notifies a user that he or she may be infringing copyrighted materials. "Notice is very effective in getting people to stop" infringing, he said, pointing to Canada's notice regime as being particularly effective.

But Shira Perlmutter of the International Federation of the Phonographic Industry, which represents record companies around the world, argued that "notice doesn't really work," adding there needs to be "some sort of meaningful consequences." She also said that in most cases, Internet access would be suspended to only one account and may not affect a whole family. Perlmutter added that Internet service providers cut off service to customers now if they are abusing the ISP's services. But Schruers said those are voluntary actions, while the proposed laws would require ISPs to cut off a user's access.

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.