Skip to main content

How to keep web copyright infringers honest

By Jill Lesser, Special to CNN
July 17, 2012 -- Updated 2311 GMT (0711 HKT)
Jill Lesser says the new Center for Copyright Information intends to educate consumers about what is and isn't infringement
Jill Lesser says the new Center for Copyright Information intends to educate consumers about what is and isn't infringement
STORY HIGHLIGHTS
  • Jill Lesser: Earlier op-ed imputed sinister intent to a new Copyright Alert System; there is none.
  • She says the coalition of ISP's, media companies wants to deter copyright infringers
  • She says it won't share your personal info, it's trying to educate consumers
  • Lesser: Aim is to let consumers know what is OK and not OK to just take from the internet

Editor's note: Jill Lesser is the Executive Director of the Center for Copyright Information.

(CNN) -- Recently an op-ed by Douglas Rushkoff took up the issue of the creation of the Center for Copyright Information (CCI), a coalition charged with implementing the Copyright Alert System, a graduated response framework to copyright infringement. As the executive director of the Center, I would like to respond to several concerns that article raised about how the program will work and its goals

For background, the Copyright Alert System aims to inform consumers of inadvertent or purposeful unauthorized distribution of content over peer-to-peer networks and to help consumers find legal ways to obtain, share and enjoy movies and music protected by copyright.

The program represents an unprecedented and voluntary partnership between leading Internet Service Providers (ISPs) -- AT&T, Cablevision, Comcast, Time Warner Cable and Verizon -- and U.S. content creators -- represented by the Motion Picture Association of America and the Recording Industry Association of America -- with advice from leading consumer advocates. Gigi Sohn, president and CEO of Public Knowledge and Marsali Hancock, president, iKeepSafe.org, sit on our advisory board, to name just two.

This system reflects a new reality: The Internet has forever changed how content is consumed, making content easy to find, use and experience.

Our work at CCI is about educating consumers about how to legally and ethically enjoy the movies and music they love. As Rushkoff says: "The longer term solution would be to develop an appropriate social contract: conducting ourselves online under the same civilized behavioral norms that keep us from, say, stealing stuff from one another's homes even though we could probably get away with it."

It's beyond this premise that I take issue with Rushkoff's article.

The article's headline: "Will your Internet provider be spying on you?" indicates a fundamental misunderstanding of the program and how it works; it suggests that ISPs would engage in an activity anathema to their consumers to protect copyright. Now that doesn't sound like the ISPs that I know.

Opinion: Will your Internet provider be spying on you?

The role of the ISPs in the new Copyright Alert System will be to pass on notices sent by copyright holders to those subscribers whose Internet protocol addresses (strings of numbers that mean little to most people ) have been associated with allegedly illegal file sharing. As they have done for years, content owners will use technical methodologies to identify alleged infringements over peer-to-peer networks and will request that notices of such alleged infringement be passed on to subscribers by the participating ISPs.

To be clear: No personal information at all, including the identity of the subscriber, will be shared with the content owners by the ISPs. What the ISPs will do, in recognition of the importance of copyright protection generally, is to then provide their subscribers with education and information about what not to do and how to get content in the right way.

The alerts will be non-punitive -- 4-6 in total, depending on the ISP -- but progressive in scale. If the activity stops, the alerts stop. Initial alerts will focus on making the consumer aware of the activity and highlighting legal ways to enjoy content.

The alerts are designed with particular attention to key groups -- parents of teens, for example -- to provide the most helpful and actionable information possible. Alerts that require acknowledgment of receipt of the alert follow and -- in some cases -- the system also includes mitigation measures, which vary between ISPs. These may include temporary reduction of Internet speed or redirection to a landing page until the subscriber contacts the ISP or reviews educational information.

The CAS will only address activity over to peer-to-peer programs such as BitTorrent -- not streaming video or other general online content. The system is based on consumers' "right to know" when their Internet account is being used for illegal file sharing through peer-to-peer networks, or if their own online activity infringes on copyrights -- inadvertently or otherwise -- so that they can correct that activity.

The alert system is similar to warnings and alerts in place for stolen credit cards. The unfortunate reality of malware and other potential dangers on peer-to-peer programs makes this service to subscribers particularly important.

Going beyond the nuts and bolts of the program, the Center for Copyright Information's primary goal is educational. The program is designed to provide non-punitive tools that will help inform consumers about how to legally enjoy digital copyrighted content and avoid illegal peer-to-peer networks, through a system based on information and deterrence.

As Rushkoff points out, "in many cases the Internet subscriber might have no knowledge of the infraction" and he goes on to describe how a houseguest might share illegal content without the Internet subscriber's knowledge. But that's exactly the point. Many subscribers, particularly parents or caregivers, are not aware that their accounts are being used to distribute illegal -- and sometimes harmful -- content through peer-to-peer networks.

That ignorance doesn't make it acceptable. What we need to do is help subscribers better understand what they can and cannot do and help them get the compelling and entertaining movies and music from the constantly expanding collection of legal services now in the marketplace.

With methods for sharing content constantly evolving, the Copyright Alert System is designed to address an information gap. From homeowners who want to make sure their wireless networks are secure to parents concerned about their children's activity on the internet, information and tools can help users better consume content. In the coming months, we are eager to share our effort to close this information gap.

Follow @CNNOpinion on Twitter.

Join us at Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Jill Lesser.

ADVERTISEMENT
Part of complete coverage on
May 20, 2013 -- Updated 1536 GMT (2336 HKT)
Julian Zelizer says that Obama, like many before him, chose to work within the system to get things done rather than lead transformative change.
May 20, 2013 -- Updated 1522 GMT (2322 HKT)
Meg Urry says loss of the failing, planet-finding Kepler satellite would be huge for NASA--but one way or another, it's a matter of time before we find signs of life on other worlds
May 20, 2013 -- Updated 1132 GMT (1932 HKT)
Elizabeth Dunn and Michael Norton write that people pass up opportunities to spend their money to avoid disagreeable tasks
May 18, 2013 -- Updated 2022 GMT (0422 HKT)
Paul Butler says when President Obama delivers the commencement address at Morehouse, he has explaining to do.
May 19, 2013 -- Updated 1345 GMT (2145 HKT)
Bob Greene on how 18th century Americans tried to make sense of the day with no sun
May 18, 2013 -- Updated 0057 GMT (0857 HKT)
With guest Rep. Keith Ellison, John Avlon, Margaret Hoover and Dean Obeidallah discuss the president's scandal trifecta, hope for immigration and what Jolie's revelation means for women.
May 17, 2013 -- Updated 1709 GMT (0109 HKT)
The press has turned on President Obama with a vengeance, writes Howard Kurtz
May 18, 2013 -- Updated 1801 GMT (0201 HKT)
Donna Brazile says our democracy is endangered, not by the Russians, North Korea, Iran or even terrorists. To quote Pogo: "We have met the enemy and he is us."
May 18, 2013 -- Updated 1759 GMT (0159 HKT)
Photographer Arne Svenson defends his show "Neighbors," portraits of the occupants of a building near him taken through their windows.
May 20, 2013 -- Updated 1337 GMT (2137 HKT)
Theater critic Kevin Williamson was kicked out of a play when he took the phone away from an audience member and threw it. He says it was worth it.
May 18, 2013 -- Updated 1425 GMT (2225 HKT)
U.S. actor Angelina Jolie (L) holds daughter Zahara as husband and actor Brad Pitt (C) carries son Maddox during a stroll on the seafront promenade at the historic Gateway of India outside their hotel in Mumbai on November 12, 2006.
Gil Welch says women must not panic over Angelina Jolie's mastectomies: 99% of women don't carry the BRCA1 gene.
May 18, 2013 -- Updated 0852 GMT (1652 HKT)
JR's "Inside Out" project brings public spaces alive with giant representations of people
May 17, 2013 -- Updated 1922 GMT (0322 HKT)
Roger Colinvaux says the IRS scandal is fundamentally about disclosure of donors, not tax-exempt status.
May 17, 2013 -- Updated 1149 GMT (1949 HKT)
Alex Castellanos says Chris Matthews is wrong; the Washington controversies result from a government that is too big to control
May 20, 2013 -- Updated 1332 GMT (2132 HKT)
Mike Downey says Los Angeles has well-funded but clueless sports teams.
May 17, 2013 -- Updated 1552 GMT (2352 HKT)
Grace Liu says It's time for some tiger cubs to approvingly roar for our strict and demanding parents
May 17, 2013 -- Updated 1157 GMT (1957 HKT)
Sens. Al Franken and Roger Wicker say we need a strong SEC to make sure credit ratings fraud doesn't bring down the economy again.
May 16, 2013 -- Updated 1425 GMT (2225 HKT)
LZ Granderson says instead of reducing the blood alcohol content threshold, how about enforcing existing laws better?
May 16, 2013 -- Updated 1514 GMT (2314 HKT)
Maia Goodell says the military should use civil legal remedies on sexual assault cases.
ADVERTISEMENT