eircom and data protection commissioner

TheCowboy

http://www.thejournal.ie/eircom-three-strikes-illegal-downloading-976885-Jul2013/ So it seems people can pirate and suffer no consequence except have their service withdrawn. is this still the situation in Ireland?

gctest50

don't see why the ISPs should have to do it

“The music industry can still do what it has always done, which is look for people who are uploading music and take action against them, rather than looking for ISPs to do their work for them,” he said.

http://businessetc.thejournal.ie/massive-blow-to-music-industry-as-eircom-anti-piracy-measures-rejected-307584-Dec2011/

TheCowboy

gctest50 wrote: »

don't see why the ISPs should have to do it



http://businessetc.thejournal.ie/massive-blow-to-music-industry-as-eircom-anti-piracy-measures-rejected-307584-Dec2011/

i agree it seems unfair too they can monitor everyone because some pirate. but woiuld it not be very difficult to watch all uploaders

Nate--IRL--

gctest50 wrote: »

don't see why the ISPs should have to do it



http://businessetc.thejournal.ie/massive-blow-to-music-industry-as-eircom-anti-piracy-measures-rejected-307584-Dec2011/

The ISPs do it because otherwise it means handing over their customers IP logs to third parties.

Nate

Manach

My understanding was such data as IP addresses were held not to be personal data, hence not covered under the Data protection to be part of the protections that encompass personal data. However AFAIR various judgements in European courts did extend such coverage to metadata like telephone numbers/IP. Whilst illegal downloading is a problem, having such massive trawling of such gathered data at the behest of a 3rd party does not seem to come under proporitionality especially when the punishment of disbarment from the internet would severally effect all users such in a household, not just the guilty party.

TheCowboy

Nate--IRL-- wrote: »

The ISPs do it because otherwise it means handing over their customers IP logs to third parties.

Nate

by third party you mean a company employed by the isp or the copyright owners?

Shep_Dog

Manach wrote: »

My understanding was such data as IP addresses were held not to be personal data, hence not covered under the Data protection to be part of the protections that encompass personal data. However AFAIR various judgements in European courts did extend such coverage to metadata like telephone numbers/IP. Whilst illegal downloading is a problem, having such massive trawling of such gathered data at the behest of a 3rd party does not seem to come under proporitionality especially when the punishment of disbarment from the internet would severally effect all users such in a household, not just the guilty party.

There are two components to this. The first is the discovery of the IP address by the copyright owner who scans the download site. This does not involve Eircom.

The second element is the decoding of that IP address into a subscriber address. This is possible because Eircom stores the information about which subcriber was using that IP address at a given time. They are required to to this under current Irish law. It is this law that the EU suggests is a general breach of human rights as this information, and much more besides, is gathered and stored not just on people who are suspected of commiting a serious criminal offence, but on everyone else too.

Carawaystick

There's also the issue of an account holder being punished for the actions of other household members.
If the account holder had to log every internet transaction the other household members made to ensure no music company complained, the other household members would have their data rights infringed.

The obvious action is for the music company to complain to the gardaí stating that they suspect someone has infringed S140(1)(e) of the copyright and related acts, and let the criminal case take place.
It seems like a music company is defaming the account holder by going to the isp; as they're basically saying this person has broiken the law.

TheCowboy

Shep_Dog wrote: »

There are two components to this. The first is the discovery of the IP address by the copyright owner who scans the download site. This does not involve Eircom.

The second element is the decoding of that IP address into a subscriber address. This is possible because Eircom stores the information about which subcriber was using that IP address at a given time. They are required to to this under current Irish law. It is this law that the EU suggests is a general breach of human rights as this information, and much more besides, is gathered and stored not just on people who are suspected of commiting a serious criminal offence, but on everyone else too.

That is what i meant. How long are the required to do so under irish law?
if someone uses a vpn eircom will not have the info will they?

TheCowboy

Carawaystick wrote: »

There's also the issue of an account holder being punished for the actions of other household members.
If the account holder had to log every internet transaction the other household members made to ensure no music company complained, the other household members would have their data rights infringed.

The obvious action is for the music company to complain to the gardaí stating that they suspect someone has infringed S140(1)(e) of the copyright and related acts, and let the criminal case take place.
It seems like a music company is defaming the account holder by going to the isp; as they're basically saying this person has broiken the law.

and how will the garda know which household member to prosecute?
It reminds me of the warning on cassette tapes not to copy as if the music reps were sitting outside your house watching you. it is impossible to enforce

Shep_Dog

TheCowboy wrote: »

That is what i meant. How long are the required to do so under irish law?

A year or two.