I haven’t been following the copyright alert system closely – but it sounds like monitoring is coming soon so I thought I’d catch up and share what I learn. First here’s a good quick definition of copyright alert system from Wikipedia…

The copyright alert system, also known as the six strikes program^[1], is a graduated response framework agreed upon by participating ISPs and Intellectual property organizations in which a third-party will monitor file-sharing networks, collect the IP addresses of suspected copyright infringement, and submit the IP addresses to ISPs who will in turn issue the suspected infringer a copyright alert.^[2] Those suspected of copyright infringement may be issued six copyright alerts, one for each subsequent infringement.^[3] Consumers who fail to respond to the alerts may have their connection throttled, though their account may not be terminated.^[4]

TorrentFreak reports that providers will start rolling out their six strike plans in the coming weeks…

During the coming weeks the controversial “six-strikes” anti-piracy system will start in the U.S. The initiative is aimed at educating the public, but last week we uncovered from leaked documents that it also applies to businesses. Today CCI director Jill Lesser confirms that indeed some business accounts will be affected. However, she adds that this is not going to affect café owners who offer public WiFi, as this is already prohibited in the applicable Terms of Services.

TorrentFreak reveals details on Verizon’s six strike plan…

In short, the Internet provider will notify customers whose accounts are caught sharing pirated movies and music, and after four warnings these account will be temporarily throttled to 256kbps.

It sounds like some providers will redirect users to educational pages where they can get a primer on copyright. Some of been skeptical of that info…

The National Cable & Telecommunications Association has stated that the framework will serve to “educate consumers” and “reduce online content theft”.^[5]

The framework has been the subject of criticism concerning its effectiveness and possible privacy violations.^[6] The Electronic Frontier Foundation has also claimed that the materials used to “educate consumers” are “more like propaganda,” and that the framework violates the principle of presumption of innocence.^[7]

So who is in danger? TorrentFreak spoke to the Center for Copyright Information…

“The Copyright Alert System is targeted to residential customers, and the vast majority of alerts issued will be residential. There is a small pool of home office or home-business customers that may end up in the copyright alert system due to infrastructures in place at the member ISPs,” Lesser said.

And apparently coffee shops are already violating their contracts with providers by sharing WiFi with the public – so the copyright isn’t the issue there. After some looking I did find the clause in the Verizon contract that addresses hotspots…

For example, you may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi-Fi hotspot).

I’m not sure how many coffee shops are aware of this clause or if they have arranged some special dispensation. I suspect it’s been too difficult for Verizon and others to monitor given the potential return on investment of any efforts (lose the customer, turn them off, potential bad publicity from coffee shop clients?), however having a third party monitor use may bring to light some of those shared connections that have been flying under the radar. Folks are concerned about the potential impact on users of free public Wi-Fi.

It will be interesting to see how the issue of public hotspots plays out. But to be fair, it’s not a copyright issue – but perhaps an unintended consequence of third party monitoring. It may be that the Verizons of the world work with coffee shops on a new breed of branded hotspot opportunities. (They already work with a range of places to provide free hotspot access to Verizon customers. I see more of this in Europe than in Minnesota. It’s a great deal when your local coffee shop works with your provider; not as great when there’s a conflict.)