The revelations that Rightscorp has been using the new copyright notice-and-notice system to force Internet providers to forward notifications with false copyright law information and demands for payment sparked considerable concern among many Canadian Internet users. In my post on the issue, I suggested two responses. First, the introduction of government regulations prohibiting the inclusion of settlement demands within the notices and creating penalties for those companies that send notices with false or misleading information. Second, Internet service providers adding their own information to the notices, advising their subscribers on the true state of Canadian law and reassuring them that they have not disclosed their personal information to the notice sender.
While there has been no response from the government, some Canadian ISPs are providing their subscribers with much-needed context. For example, TechAeris has posted the message provided by Shaw Cablesystems, which states:
Content owners that hold property rights for material such as movies, music and other content, actively monitor Internet activity to protect their rights. We have been notified by a content owner that your Internet Protocol (IP) address has been associated with suspected copyright infringement. As part of new Canadian copyright legislation*, we are obliged to forward to you the attached copy of the content owner’s notice. We are unaware of the full details and merit of this infringement claim. If you have questions concerning this matter, please contact the content owner directly – contact information is listed in the attached notice.
Infringement of copyright laws may result in the content owner pursuing remedies available under applicable laws to protect its interests. We encourage enabling secured passwords on your home Wi-Fi network if you have one to avoid unauthorized use of your Internet connection.
Thank you for your attention to this matter.
Please see the link below for more information:
Shaw Cablesystems G.P.
Start Communications, a London-based ISP, states:
Subject: Copyright Infringement Notice
Re: Account with Start Communications (Account #1234567)
We have received a copyright infringement notice on behalf of Some Copyright Holder Inc., regarding Some Title which was allegedly downloaded from 555.555.555.555 on 2015-01-07 at 12:34:56. As part of Canada’s Copyright Modernization Act which came into effect January 2015, we are legally obligated to pass this attached notice from the copyright holder on to you as well as store the notice for 6 months. To be clear, Start Communications has not provided any of your information to the copyright holder and we do not monitor your activity for any violations.
We have included some reference links about copyright law in Canada, including our legal obligations:
519-434-5888 / 1-877-78-START
TorrentFreak has posted the message from Bell Aliant:
From: Copyright Notification
Date: Thu, Jan 8, 2015 at XX:XX
Subject: Important notice regarding your Internet activity [******]
The Government of Canada requires by law that all Internet Service Providers (ISPs) let their clients know when content owners contact them about possible unauthorized use of the content owner’s material such as illegal downloading of music, videos and games. As a result, we must let you know that we have received the below notification related to your account.
We want to assure you that Bell Aliant as your Internet Service Provider played no part in the identification of possible unauthorized use of content but are only passing on the owner’s message as required by law.
If you have any questions or need clarification please contact the content owner directly. For more information on why you received this notice visit http://news.gc.ca/web/article-en.do?nid=858069 . Thank you for your cooperation.
These are a good start, but TekSavvy’s proposed message provides even more detail and reassures subscribers on the status of their personal information. Yesterday, TekSavvy’s CEO Marc Gaudrault posted a sample message the company is considering including with the notice:
Subject: Notice of claimed copyright infringement
TekSavvy has received what the Copyright Act calls a “notice of claimed infringement”. It listed an IP address and time. Our systems indicate that the IP address listed in the notice was likely assigned to your account at the specified time. We are therefore legally required to forward the notice to you. The notice is reproduced, unaltered, below.
First, though, there are some things you should know:
(a) We haven’t told the sender who you are. Your privacy is paramount to us. We don’t track, or know, what you do. We do know what IP address we assigned to you within the last 30 days. But we don’t provide personal information like that to anyone unless a court orders us to — and we have not done so here. The notice was simply received by us, and we have forwarded it electronically on to you.
(b) We are an intermediary that is required to forward this notice to you. We do not, and cannot, verify its contents or its sender. However, a private party’s notice does not mean there has been any legal ruling. Only a court can do that.
(c) It is good practice to make sure you secure your account. Your wireless router should be password-protected; the password should be changed regularly; and those who have the password should maintain good virus protection. Your MyAccount allows you to check your bandwidth usage: do so regularly, and make sure what is happening and what you think is happening line up.
(d) We retain IP address information for 30 days. If your modem has not been powered off during that period, then we may have IP address information going back to the last time you did. In addition to requiring us to forward this notice, the Copyright Act also requires us to retain the records matching the IP address and time to your account for six months. If the people who sent the notice apply to a court, they can require us to hold it for longer.
We have provided some links below. The notice, which we are required to forward unaltered, follows.
Copyright Act (see, especially, sections 41.25-26):
Automated translation (you may need to copy and paste):
— Forwarded Notice of Infringement follows:
*snip this is where their notice is added*
This is precisely the kind of the information that ISPs should be providing their subscribers, though action to stop misleading or inaccurate notices along with settlement demands in notices is still needed. It remains to be seen how some of the other major ISPs handle the notice-and-notice issue.