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SHIFT: Big Brother online? Don't look now, but it's about to happen

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In this time when politics are the hottest topic of all, you may be interested to know that a new lobbying group has been created: Arts+Labs. The new lobby is backed by AT&T, Cisco Systems, Microsoft, NBC Universal, Viacom and the Songwriters Guild of America (disclosure: NBC Universal is the parent company of DVICE).

According to the lobby's core strategies, it wants to work efficiently and safely deliver innovative new content. The companies involved want new business models to deliver music, movies and TV to consumers. In their words, they want to "preserve network operators' freedom to manage their networks in a way that maximizes bandwidth and assures the fast, safe and reliable delivery of legal content and other services to consumers."

Sure it's expressed in dull corporatespeak, but the thrust of that strategy sounds benevolent, doesn't it? However, their methods might raise an eyebrow or two. Keep reading to see what exactly this new lobbying group plans to implement.

Arts+Labs Strategies
The plans of Arts + Labs look great on paper:

  • 1) Educate consumers about the vast array of legal entertainment options available on the Internet
  • 2) Make consumers aware of the threats posed by Net "pollution" (spam, malware, viruses, etc.)
  • 3) Strike a balance between consumer choice and creators' rights

Further, one of its core strategies states, "Arts+Labs firmly believes that most consumers agree that artists should be compensated for their work and would prefer to purchase affordable, safe and legal content rather than reward those who illegally traffic in the hard work and creativity of others."

It all sounds reasonable. Who doesn’t want innovative new content, delivered in new ways? And of course, illegal downloading is bad. Anyone who owns any type of property can understand the need to protect that property, even if it’s intellectual property. But how far do you go to protect it?

Your "Best Interest"
It’s the way Arts want to implement this that is most troubling. The phrasing of its documentation is creepy, constantly saying this is all in the best interests of the consumer. If they can just eliminate illegal file sharing, the Internet will be a better, faster, safer place for all of us — a happy place with butterflies and unicorns prancing everywhere. Because somehow, illegal movies cause more "pollution" than legal ones.

In its own words, Arts+Labs is working to "educate" consumers about how Net pollution — including illegal file trafficking — threatens to transform the Internet from an essential catalyst that safely and legally delivers content to consumers into a distribution mechanism of illegal content and malware that will choke off the Internet for future innovators and creators alike. They say that more than 50% of Web traffic is illegal file distribution.

Already, some Internet service providers (Comcast, most famously) are talking about implementing limits on the amount you can download. Legal or illegal. Illegal file sharing could conceivably implement strategies to bypass certain limits — for example, your pirated version of Harry Potter could be broken up into 10 smaller downloads if the only limit is file size. But it could rapidly become more sophisticated than that.

The Digital Police
One way that ISPs could police file sharing of copyrighted media is to filter everything transmitted through their servers. It's not clear if this is how Arts+Labs plans to go about things, but think about it. How will they be able to tell the difference between your wedding video and a copyrighted video? The most likely solution: look at everything. What files do you send to your girlfriend? Do you really want someone looking through those files to make sure they're "legal?" Where does it stop? If you're connected to the Internet, it's technically possible to comb through the files on your computer that you're not sharing (though in fairness no one's talking about that… yet).

How could this even be implemented? A closer look at the parties involved with this lobby is pretty revealing. Cisco can produce equipment that will filter Internet streams, and Microsoft has filed a patent that will enable it to watermark music so it can be tracked online.

This strategy is fundamentally flawed. The burden to prevent illegal file sharing shouldn't be on the consumer or even ISPs — it's on the content providers. Put in robust protection to prevent it from being illegally shared in the first place. Keep your prices reasonable so illegal options aren't as attractive. But don't monitor personal, private transmissions. That's wrong, and telling me you’re doing it to make the Internet a better place for me is just BS.

Reality Check
Could such data policing really happen? The FCC has already said that while ISPs can't block file-sharing protocols, they CAN block "transmissions of illegal content or transmissions that violate copyright law" (according to a recent FCC decision). This action was specifically targeting BitTorrent, a popular peer-to-peer file sharing protocol, but applies to most file-sharing sites.

As this lobbying group hits Washington, we need to decide if you want the government allowing your ISP to filter what and where you surf. If they have their way, they will be able to limit and disconnect people who are high-volume file sharers.

And don’t think the group doesn’t have any pull in D.C. Its co-chairmen are Mike McCurry, former press secretary to President Bill Clinton, and Mark McKinnon, former advisor to presidential candidate John McCain.

Copyright/Copywrong
The most disturbing thing about Arts+ Labs isn’t their desire to protect intellectual property. It’s the smokescreen they’re casting to make it look like this is only to make the Internet a better place for all of us. If you want an honest discussion about this, call it like it is, and don’t try to fool anyone. Protecting copyright is actually good, but being backhanded about it sucks. To be sure, if it were my intellectual property being illegally downloaded, you could bet I would be petitioning the government to do everything it could to shut that down. Everything save violating my right to privacy.

         
Comments

Thanks, Internet. It was really nice while it lasted.

bleh, i better start downloading the interweb before they unleash the flying monkeys of doom upon it all. as for "Art+ Labs" -idea.. Boo! its been done before and we didint like it then either.

If they start blocking based on download limit, then you won't be able to download legal content either.

If they start filtering content, then the programs being used will more often use encryption on its transmissions.

This means that brute force will not stop illegal file sharing, what would decrease it is to make the content available on the internet legally at affordable prices.

The thing they have to realize is that most of illegal file sharing is actually done, because the content is not available legally. For example, when films and series are shown in a country before others, then people from other countries if they want to see it then the only option is to get it illegally. So if the companies involved started realising films and series worldwide at the same time, then it would significantly decrease piracy. Since people prefer to do things legally, if they are allowed to.

It's all cat and mouse. This might actually happen, but then folks will get used to signing up for things like www.torrentfreedom.com -- which are quite affordable services, especially when compared with a lawsuit.

Um, can't everything we do already be tracked quite easily via cookies and IP address?

there is already a president to the filtering and download limiting. the postal laws. the USPS nor FedEx nor UPS cannot look at mail, nor refuse to ship it to an address without due cause, nor limit how many packages that can be sent. shouldn't it be the same for internet usage? wouldn't u say that net usage demands the SAME privacy protection as mail? if ur doing something illegal on the net, yes, you should be arrested, but not after using patriot act tactics.

Hey, the interstate system is used quite heavily for illegal activities. If this lobby group's idea goes through, may be should extend the idea and install checkpoints at every single on ramp on every interstate to search cars all vehicles before they are allowed to proceed onto the interstate.

What will happen if they get their way? An underground internet will suddenly pop into existence (if it isn't already there) They should just quit their dirty dealings and modify their business model like a good lil capitalist.

@SCREENRANT.COM: no. some yes, but everything... no.

As for duplication and transmission of media...
Legal issues aside, it would be hard to argue that the creators of informational content should not be justly compensated for their creative output.

However it is questionable whether the current legal system achieves this goal. More over this is not the first time that information has greatly increased its potential for transmission.

Before the printing press there was little consideration for the creator of the information, as duplication was such an arduous task that the object being purchased was valuable more because of the duplication itself rather then its conents alone.

But then the printing press came and put all those poor scribes out of business. Over all though it meant that more people could readily afford access to information then ever before.

In the more recent era, duplication of information had already been made easy, so distribution and promotion became the most costly part of information transmission. Yes records were not easy to press, but we are past that now.

The internet makes even distribution and promotion of information relatively cheap, the average computer user can "publish" the work into a portable format. And now the publishing houses are in trouble. In the end I think we will be better off as a species with even greater capacity for the poorest among us to be granted access to the wealth of human information.

I see no reason why companies should be protected legally for being made obsolete. It sucks yes, and something needs to be done to make sure that those who to the actual creative work are protected. And there needs to be resources available to help sustain the more costly content generation methods, such as movies.

But the real question should not be how to protect an outmoded way of duplicating and transmitting information, but rather how to best move forward in the modern world.

FOr the comment about the interstate system... WHERE have you been. They do that now. They call them border checks or sobrity check points. In my case its called driving in a small fast red car. As for bigbrother online. Its here now. NSA anyone. If you do nothing wrong dont worry. If you do BE MORE CLEVER. Of shore proxies that you control great place to start. Thanks to the new cold war Russian servers are cheap.

How would this system be implemented? Through the OS on our computers? On the ISPs' computers. Where?

There is not enough here about practical implementation to anticipate problems. That makes me suspicious. And what are they asking Congress for, specifically?

Whether we are talking about government or business, or whatever, if something can be abused, it will be abused. Even if 90% of the participants are pure. Where ever the legal limits are set, that is the base of use, the limits are set only by the limits of the imagination.

I prefer to leave the user the most flexibility and privacy possible, and whatever copyright protections are proposed or adopted, they should be clearly descibed as to purpose and means.

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