Abuse email alert

[klokkie]

I have read some threads about the abuse email we get from ISPs.
If IS sends you an email informing you about illegal content which you downloaded it means they are monitoring what you are downloading. Correct me if I am wrong but isn't that illegal for a ISP to monitor what you are doing on the internet? Privacy Infringement or something?

If they really are monitoring you then what about the other stuff you are doing? Like emails and banking transactions? I find it terrifying that they know.

But, are the emails really from LionsGate and other entertainment people? Because it is only certain torrents which generate emails like this. Is is not maybe just some email scam from stupid hackers who think they are funny? Because the alternative is just to freaking scary.

 

[semaphore]

Simple answer No.

semi-detailed: ISP are not monitoring you, the mail comes from a firm that has connections inside the swarm of the particular file you download, it just gets all the information from there, and does the required look ups for the address blocks.

 

[Icarium]

Open up your torrent client. Seed something or even just add a torrent to download. Viola, you now have dozens of IP's of offenders to send C&D letters to without your ISP having to monitor anything.

 

[Hydrofire]

There are lots of threads on this matter.

It is unlikely that IS is monitoring the content of your internet activity, because this is not legal in SA without a court order authorizing them to do so. They are just passing on standard form letters sent by foreign representatives of copyright holders. In the US there are certain copyright provisions which grant immunity to ISPs for the infringing activities of their users, provided the ISP takes certain actions to rectify infringement when it is brought to their attention by the copyright owner. One such action would be content take-down, which in the case of p2p content can best be enforced by warning the user to cease their sharing or face service discontinuation.

In SA, we have similar provisions to protect ISPs against liability and these are spelled out in Chapter XI of the ECT Act. Section 77 deals with the handling of take-down requests. The ISP is required to pass on the notification to you, because if they don't they could loose their protection and become liable for your activity.

As a user, you can ignore the letter. It is highly unlikely that the US rights holders associations will pursue legal action against someone in SA.

 

[Gatecrasher]

As a user, you can ignore the letter. It is highly unlikely that the US rights holders associations will pursue legal action against someone in SA.

On the other hand, most ISPs in SA have in their T&C that you may not violate copyrighted material, so if you are a repeat offender, the ISP may choose to terminate your account.

 

[solo7]

No... IS is not monitoring... when you use Peer2Peer like torrents... you seed... which shows your IP to the world.. all the agency's that are trying to protect copy right stuff does is look up who the IP belongs to and then send the owner of the IP the email, IS gets the email... looks who had that IP and then sends it on to you. They not telling the agents who it was they mearly forward the message on, so they can have theirselves covered if a court case ever happend. they can then say we did notify the client and this was their response.

 

[howardb]

I always chuckle at these letters, as most of the time they seem to get the offending IP numbers via a torrent swarm - they themselves are downloading/distributing illegal content in order to send out notices to offenders - I wonder if they can make charges against themselves?!

 

[D3x!]

I always chuckle at these letters, as most of the time they seem to get the offending IP numbers via a torrent swarm - they themselves are downloading/distributing illegal content in order to send out notices to offenders - I wonder if they can make charges against themselves?!

That's what i was thinking...

 

[kayvee]

Not necessarily. I bet they have a more sophisticated application to do the monitoring/logging than your average torrent client.

 

[Beetman]

There are lots of threads on this matter.

It is unlikely that IS is monitoring the content of your internet activity, because this is not legal in SA without a court order authorizing them to do so. They are just passing on standard form letters sent by foreign representatives of copyright holders. In the US there are certain copyright provisions which grant immunity to ISPs for the infringing activities of their users, provided the ISP takes certain actions to rectify infringement when it is brought to their attention by the copyright owner. One such action would be content take-down, which in the case of p2p content can best be enforced by warning the user to cease their sharing or face service discontinuation.

In SA, we have similar provisions to protect ISPs against liability and these are spelled out in Chapter XI of the ECT Act. Section 77 deals with the handling of take-down requests. The ISP is required to pass on the notification to you, because if they don't they could loose their protection and become liable for your activity.

As a user, you can ignore the letter. It is highly unlikely that the US rights holders associations will pursue legal action against someone in SA.

nice explanation!