ISP snooping law would make piracy lawsuits AFACT of life

David Braue
15 June 2010, 3:30 PM


A proposal to log your every move online would not only violate your privacy, but provide the missing link for studios to sue file sharers within an inch of their lives.


The world’s movie and music studios – along with a large number of unethical scammers preying on consumers’ fear of litigation – have made a nice little business out of collecting records about the swapping of illegal movies and music. However, many of these lawsuits are lodged as placeholders against ‘John Does’ for one simple reason: the studios can’t tie infringing IP addresses to the people that were allegedly using them.

Indeed, many ISPs may not even record this information down to the level necessary to establish legal fact: the likes of iPrimus, iiNet and Internode would manage millions of emails, phone calls, and Web sessions every day; it’s hardly likely that they're recording the information for posterity. Even where they do have records, ISPs have to respect overriding privacy principles (and legislation) ahead of the interests of copyright holders, no matter how vociferous or determined they might be.

Now, we have word that the government is looking to a European telecommunications usage-logging policy as inspiration for Australian legislation that could see ISPs forced to record the source username, assigned IP address, Internet service used, duration, and more information of everything you do online. They would also, if the European model is followed, be required to register the contact details of anybody you email or call – even over VoIP services – including the recipient’s address.

Major news outlets wasted no time attacking the news – via the Web, #ozlog hashtag, and more – as an invasion of privacy, but none seem to have made the link yet to what would seem to be the most obvious use for this legislation: giving the film and music studios an easy-to-use tool that would allow them to fill in the blanks on tens of thousands of lawsuits – and hold the entire Internet-using world to ransom.


Government plans to force ISPs to record all Internet usage details would deliver Australians' personal usage details straight to lawsuit-hungry studios (Public Domain: Giotto di Bondone: Kiss of Judas; Padova. No. 31 Scenes from the Life of Christ: 15. The Arrest of Christ (Kiss of Judas). (1304-06))

Frustrated by obstruction against their efforts to sue the entire world en masse, studios would find this data to be an absolute cornucopia of ammunition in potential damages lawsuits. It would also open the door to a totally new wave of consumer fraud, intimidation, and extortion as opportunistic crims demand one-off payments to make putative litigation disappear.

Comments from the office of Attorney-General Robert McLelland would suggest this proposition isn’t so far-fetched: “This is not about web browser history,” a spokesperson said over the weekend. “It’s purely about being able to identify and verify identities online”.

Slow and steady scope creep has changed the terms of engagement in the recording industry’s ongoing battle against online file-sharers: back in 2003, for example, the John Doe approach was struck down by a US federal appeals court; this April, the tactic was explicitly allowed.

The Australian Government also seems to be steadily rolling over for the interests of the recording industry. In May, the McLelland suddenly decided Australia would sign the Council of Europe Convention on Cybercrime after disregarding it for years. Then, there was the revelation that a number of ministers from some of the world's largest countries had been hashing out substantially-revised Anti-Counterfeiting Trade Agreement (ACTA) negotiations with decidedly pro-industry copyright law reform policies. The noose, not to put too fine a point on it, is tightening.

The prospect of ISPs being forced to collect and provide specific information on users would seem to be critical in the industry’s case against file sharing – and it appears the government is increasingly ready to hand over its citizens' heads on plates. This shift in the wind even has implications for the high-profile AFACT-iiNet lawsuit, which iiNet won in a dramatic decision reaffirming the concept of user privacy and freedom from ISP intervention back in February. With the new policy in place, iiNet could very well be painted as obstructing due process of law.

With user-specific data mandatorily collected and available by court order, a newly-empowered AFACT – which is currently fighting its February court loss – could steamroll over ISPs that have become the last bastion of privacy protection for users, whose every online activity would be laid open for perusal and legal cherrypicking. iiNet may have won the battle against AFACT, but the A-G’s proposed legislation could very well hand the industry the war.


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Michael J (User):

I think it might be time to start looking at a few anonymous VPN services...

15 June 2010, 4:21 PM (2 years ago)report abuse Send to a friend reply

Tin (User):

I'd be more inclined to start looking for a new job... In another country!
We've got far too many laws that are vague, far too many politicians wanting more laws that are too vague, and far too many lobby groups all wanting their piece of a too vague law.

15 June 2010, 5:51 PM (2 years ago)report abuse Send to a friend reply

TV Bis (New user):

I don't understand? What privacy do I have now? My ISP knows where I have been anyway. I for one could'nt give a damm who knows were I have been. I have nothing to hide and I don't understand why everyone gets so touchy when these things get mentioned. I mean is everyone doing illegal things all of the time and are afraid of loosing there right to do so????

15 June 2010, 8:17 PM (2 years ago)report abuse Send to a friend reply

Phil S (New user):

Quoting TV Bis:
I don't understand? What privacy do I have now? My ISP knows where I have been anyway. I for one could'nt give a damm who knows were I have been. I have nothing to hide and I don't understand why everyone gets so touchy when these things get mentioned. I mean is everyone doing illegal things all of the time and are afraid of loosing there right to do so????

I agree with you. I don't have anything to hide. But i think people have an issue with the principle of the thing. I mean where will it stop? What happens when a stupid law suddenly gets enforced because now they know everything you touch, eat and do?

"Oh, we're fining you because your 3G connected car (which you pay $100/month to keep connected) reported you went 4km/h over the speed limit as you overtook a driver that was drifting across lanes. Sorry, but you broke the law. Good job we didn't detect a child in the car or else it could have meant jail time for you and foster parents for the child"

Sounds crazy, yes. Could it happen? yes.



15 June 2010, 9:01 PM (2 years ago)report abuse Send to a friend reply

Potoroo (User):

Quoting TV Bis:
I have nothing to hide and I don't understand why everyone gets so touchy when these things get mentioned. I mean is everyone doing illegal things all of the time and are afraid of loosing there right to do so????


I have a great deal to hide. I refer to it collectively as None Of Your Business. Legality doesn't come into it.

16 June 2010, 12:56 AM (2 years ago)report abuse Send to a friend reply

Greg Zeng (New user):

Quoting TV Bis:
I have nothing to hide and I don't understand why everyone gets so touchy when these things get mentioned.

Glad to knpow that you kiddies don't know about disability & dying. It is illegal in Australian to assist in pain-free dying.

"EXIT INTERNATIONAL" had instruction classes on how to bypass stupid religious fanatics, like the parliaments of silly Australia.

Greg Zeng, Canbera.

17 June 2010, 5:11 PM (2 years ago)report abuse Send to a friend reply

I Geek and I Vote (New user):

So this is what Labor and Conroy are all about.
Invade our privacy in the most obscene manner after intense lobbying (& who knows what kickbacks that might involve), roll over for a nice cosy romp with the greedy movie industry heavyweights!

The government is supposed to protect the people, not screw them.
Email privacy should be a Human Right mandated by the United Nations.

It is like having Australia Post open every letter you send, scan it, and store for later misuse by mal-intents (see Phil S's post.)

Screw the Movie Industry - DRM should be illegal.

Any decent government that cared for its people, would protect their privacy, and would tell the movie industry to go and get well and truly stuffed!

15 June 2010, 10:10 PM (2 years ago)report abuse Send to a friend reply

Raindog (New user):

Quoting I Geek and I Vote:
So this is what Labor and Conroy are all about.

Kind of makes you wonder why so many were taken in by all the Kevin07 stuff. The infinite power of ignorant stupidity.


16 June 2010, 12:48 AM (2 years ago)report abuse Send to a friend reply

Ricdic (New user):

I guess this is where the large donation from AFACT to the Australian Government comes into play. You scratch my back and I'll scratch yours.

16 June 2010, 9:55 AM (2 years ago)report abuse Send to a friend reply

nineteen eighty four (New user):

This PATHETIC Labor government and it's band of brain dead senators, (in particular that ignoramus Stephen Conman), and that idiot A-G Robert McLelland are very quickly turning this once great country into a laughing stock. Very soon we will be like those Commo's, China. We are haviny our basic rights to privacy and freedom stripped away at an alarming rate, being told what we can and can't say or do, what websites we, as adults, can or can't visit, having our video games censored, (I assume L4D2 was censored because the idiots in government felt it was cruel to zombies), we really are a Nanny State and the laughing stock of the rest of the world. At least I can say I didn't vote for this ship of fools.

16 June 2010, 11:08 AM (2 years ago)report abuse Send to a friend reply

kaf (User):

What are our choices in the next election?:
-Invasion of our privacy on the internet OR No NBN
-Bowing to insane American copyright and patent laws OR Work Choices
-A religion induced attack on our freedoms in the form of an internet filter OR an alternative government led by another religious nut which would likely do the same thing.
Australia is a failed nation. With both sides of the government attacking its own people, there is truly no one left to vote for.
Democracy FAIL

16 June 2010, 11:17 AM (2 years ago)report abuse Send to a friend reply

nineteen eighty four (New user):

Here here, this is exactly the line's I am thinking along, Big Brother eat your heart out. I hated the thought of workchoices too, but Labor's past history as far as managing the economy, broken promises, (though that one goes for all these idiot political parties we are FORCED to vote for), and as polititions like that pig headed fool Conroy, who has ignored his constituants and even the US government, and attacks any company, person or expert that dissagrees with his ISP filter, and has no idea when it comes to anything technology related, these so called leaders are wreking our way of life. I realize I pointed the finger at Labor, but I honestly don't think any party can do the right thing by the people who elected them to office. If I remember correctly, didn't someone from the liberal's say that they would scrap the NBN should they get into office? I shudder to think that I may be stuck with 3 1/2 to 5 Mbsps ADSL2+ for ever, that is crap for supposed blindingy fast in broadband internet.

16 June 2010, 11:53 AM (2 years ago)report abuse Send to a friend reply

Tin (User):

Quoting nineteen eighty four:
If I remember correctly, didn't someone from the liberal's say that they would scrap the NBN should they get into office?


Yes, it was Abbott. That said, I think he also said he wants to make changes to regulations to push private companies to do what NBN would have done.
Don't forget the Labor did the exact same trick with OPEL, so it really doesn't make much difference who's running the show - they're just going to ditch previous arrangements for political reasons.

16 June 2010, 6:31 PM (2 years ago)report abuse Send to a friend reply

onenineeightseven (New user):

Try an independent party, the Sex party or the pirate party.

Although, both are new and have no track record with running a country.

However it seems like its worth taking the risk if s*** like this continues to happen.

16 June 2010, 12:17 PM (2 years ago)report abuse Send to a friend reply

nineteen eighty four (New user):

Good point, voting for anyone but labor, liberal, the greens, family first etc has to be better than this. That Conroy fool is absolutely brain dead as far as technology goes. He listens to no person, be it expert opinions regarding the fact that his filter will slow down the internet, (my TPG adsl2+ runs at the blistering fast speed of 4-5 Mbps, wow, and this twit is going to make it even slower), and I'll bet he is in on this Big Brother privacy invasion initiative also. I can see it now, you mistakenly push the wrong key or type in a banned or file sharing website address and before the site has even appeared on your screen the front door has been busted down by government agents and you are suddenly face down on the floor with a knee in your back being handcuffed. Welcome to Australchina. Although I'm not a criminal, I do have a hell of a lot of stuff to hide, it's called personal information and it should be my choice who is allowed to see it or who I share it with. Maybe, if this crap goes ahead we had better think about redesigning or Aussie flag, it would have red, maybe with a picture of Conroy standing over the mutilated remains of the citizens of this one proud nation with a lightning bolt in one hand and and ISP executive being held by the throat in the other.

16 June 2010, 12:53 PM (2 years ago)report abuse Send to a friend reply

kaf (User):

Unfortunately with Australia's preference system (now being adopted by the UK) every vote will eventually find it's way to one of the two major parties. The only way not to vote for one of them is to not vote at all.
That being said, I'm voting for the Pirate Party Australia.

16 June 2010, 2:37 PM (2 years ago)report abuse Send to a friend reply

Tin (User):

Quoting kaf:
every vote will eventually find it's way to one of the two major parties


Not if you convince a lot of people to vote independants and minor parties higher than the 2 major parties. If everyone does this, the major parties won't get a look in as they sort the votes.
The other major tip to getting sane people elected - please vote formally. Read the instructions on the paper, and don't be stupid.

16 June 2010, 6:45 PM (2 years ago)report abuse Send to a friend reply

Raindog (New user):

Quoting Tin:
every vote will eventually find it's way to one of the two major parties

Not true at all. but all those fools voting green as a protest against Rudd labor had better realise that ultimately their vote will be a labor vote.


16 June 2010, 11:12 PM (2 years ago)report abuse Send to a friend reply

nineteen eighty four (New user):

This PATHETIC Labor government and it's band of brain dead senators, (in particular that ignoramus Stephen Conman), and that idiot A-G Robert McLelland are very quickly turning this once great country into a laughing stock. Very soon we will be like those Commo's, China. We are haviny our basic rights to privacy and freedom stripped away at an alarming rate, being told what we can and can't say or do, what websites we, as adults, can or can't visit, having our video games censored, (I assume L4D2 was censored because the idiots in government felt it was cruel to zombies), we really are a Nanny State and the laughing stock of the rest of the world. At least I can say I didn't vote for this ship of fools.

16 June 2010, 11:22 AM (2 years ago)report abuse Send to a friend reply

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