[ga] Re: [Ecommerce] GEMA asks German ISPs to poison DNS in the name of anti-piracy

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Michelle and all,

  Of course this comes as no surprise to me.  I am fairly sure
it doesn't to others as well...

Michelle Childs wrote:

> From: Richard Forno <rforno@xxxxxxxxxxxxxxx>
> Date: July 5, 2005 11:40:32 AM EDT
> >
> Subject: GEMA asks German ISPs to poison DNS in the name of anti-
> piracy efforts
>
>   DNS Poisoning Requested From Providers by Rights Organisation
>
> http://constitutionalcode.blogspot.com/2005/07/dns-poisoning-
> requested-from-
> providers.html
>
> The German rights organisation for composers, lyricist and
> publishers, GEMA,
> has asked 42 access providers to poison their DNS servers in order to
> block
> sites that provide links to eDonkey files. In short, DNS poisoning
> obstructs
> the process of converting a URL to a numeric IP address. The GEMA
> apparently
> expects the access providers to configure their DNS servers so that
> "inquiries by end-users are not passed to the correct server, but to an
> invalid or another pre-defined side." The GEMA also demands that the
> providers sign a testimony,with which they commit themselves to
> ensure full
> blockage under a contractual penalty of 100.000 euro if any of their
> customers can still reach the targeted site after July 25th.
>
> There's a good reason for the GEMA to target access providers. These are
> located at the end of the internet chain (source-ISP-"internet"-ISP-
> user),
> and usually fall within the (German) jurisdiction, which eases
> enforcement.
> However, the effectiveness of this measure may be questioned: users can
> still enter the numerical IP address of the sites (URL-IP address
> converters
> are easily available on the net), and other DNS servers may be used. The
> GEMA probably thinks that an average user may not be able to take these
> steps. It also has high expectations of the ability of providers to
> block
> the sites, or at least of providers in general, setting a huge sum of
> 100
> 000 euro for failure to comply.
>
> The providers in question are still doing their legal evaluations of the
> request, or have said right out not to comply, because the GEMA is
> not the
> kind of judicial instance that can set these kinds of demands. They're
> considering to bring GEMA's actions to court, in order to see if GEMA
> has
> any standing. This question, and GEMA's actions that propel it, are a
> sign
> of the times: private parties (rightholders) seeking direct enforcement
> through private parties (ISPs), stripping down the constitutional
> protection
> of speech from the largest (third) private party (users).
>
> In the Pennsylvania child pornography case, slightly reminiscent of this
> one, new legislation allowed the government to aks access providers
> to block
> sites, using DNS poisoning amongst others. In that case there was a
> law to
> challenge, constitutional restraints to invoke, a court to review the
> pressure put on the public (government) - private (users) relationship.
> While laws may be applicable in the German case, users could
> "constitutionally" loose out if private demands are enforced by private
> parties. A judicial review is appropriate here, if for one thing, to
> test
> how far decisions to block the information flow can be pushed and taken
> within the private realm. Even if there's arguably illegal activity
> involved. Because there always is....arguably.
>
> --
> Michelle Childs -Head of European Affairs
> Consumer Project on Technology in London
> 24, Highbury Crescent, London, N5 1RX,UK.
> Tel:+44(0)207 226 6663 ex 252.
> Mob:+44(0)790 386 4642. Fax: +44(0)207 354 0607
> http://www.cptech.org
>
> Consumer Project on Technology in Washington, DC
> PO Box 19367, Washington, DC 20036, USA
> Tel.:  1.202.387.8030, fax: 1.202.234.5176
>
> Consumer Project on Technology in Geneva
> 1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
> Tel: +41 22 791 6727
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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