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Tuesday, July 2nd, 2019

    Time Event
    8:09a
    Spanish Court Throws Out Copyright Trolling Case

    Spanish ISP Euskaltel is one of the few ISPs in the world to be putting up a fight against so-called copyright trolls.

    These mostly movie-related companies obtain the IP addresses of computers said to be participating in BitTorrent swarms and then apply to the courts to force related ISPs to hand over their customers’ data for further action.

    This usually takes the form of “pay-up-or-else” letters, demanding hundreds or even thousands of euros or dollars, to make supposed lawsuits go away. In Spain, however, things aren’t going as planned.

    Euskaltel reports that the Commercial Court No. 2 of Bilbao has dismissed demands by producer She Fighter Ltd against a customer alleged to have downloaded and shared the movie Lady Bloodfight.

    According to a detailed summary of the case, success rested on three elements: the existence of unlawful action, showing damages, and the causal relationship between the damages and the unlawful action. In respect of the damages element, the rightsholder opted for a “hypothetical royalty” but failed to provide evidence to justify why 150 euros was demanded. This is what caused the case to fail.

    “This is one of the first decisions in the trials against those affected after being reported by various film producers for what they considered ‘illegal downloading of movies on P2P networks’,” Euskaltel said in a statement.

    The ruling, which was handed down June 25, denies the producer an opportunity to appeal and requires it to pay the full costs of the process.

    While the ISP has welcomed the decision, the battle against copyright trolls appears to be heating up in other areas of the country. Euskaltel is just one of the ISPs being targeted by movie companies and courts in other areas of the country have received similar requests.

    “The fact that the first people affected have been clients of Euskaltel, is due to the fact that the Bilbao Courts – the headquarters of the Basque operator – have been the first in the State to meet and resolve these demands, for reasons of distribution and work management, while the Madrid courts – which deal with the demands of the clients of the operators based in the capital of Spain – are still in a preliminary phase of the process,” the ISP explained.

    Meanwhile, Euskaltel says it will continue to fight to protect its customers’ rights. As reported last month, the ISP reported copyright troll Venice PI to Spain’s data protection agency (AEPD) after being forced by a court to hand over the personal details of subscribers said to have downloaded the Bruce Willis movie Once Upon a Time in Venice.

    The ISP said that Venice PI’s use of that data, which involved contacting subscribers with demands to pay a 150 euro settlement, constituted a breach of Spain’s Data Protection regulations. According to Euskaltel, the movie outfit was not “free to decide what to do with the data” once it had obtained it.

    In addition to the earlier Venice PI referral to the AEPD, Euskaltel says that on June 7 it referred Reliance Entertainment Productions LLC to the data protection watchdog. Then, just three days later, it filed a similar complaint against Wind River Production LLC, highlighting potential abuses of customer data.

    “In the latter complaint, in addition to asking the AEPD to analyze the reported facts to verify whether the alleged administrative violations have incurred, the AEPD has also been requested to adopt provisional measures, consisting of ordering the production company to stop sending more letters to users,” Euskaltel says.

    “In this complaint, as in the two previous ones, the possible criminal responsibility which the producers may have incurred has been placed on the table,” the ISP concludes.

    Euskaltel has published advice to customers being targeted by copyright trolls, including that they should report potential data protection abuses to the authorities.

    Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

    6:55p
    Encrypted DNS and SNI Make Pirate Site Blocking Much Harder

    Website blocking has become a prime measure for the entertainment industry to target pirate sites on the Internet.

    The practice has been around for well over a decade and has gradually expanded to dozens of countries around the world.

    The actual blocking is done by Internet providers, often following a court order. These measures can range from simple DNS blocks to more elaborate schemes involving Server Name Indication (SNI) eavesdropping, or a combination of both.

    Thus far, the more thorough blocking efforts have worked relatively well. However, there’s a growing concern among network specialists that blocking and filtering could become problematic in the future as technology moves forward.

    For example, tech companies are increasingly starting to adopt DNS over HTTPS (DoH or encrypted DNS). This makes it possible to resolve domain names over the secure HTTPS protocol. As a result, it’s harder for outsiders, including ISPs, to eavesdrop on which sites people access.

    Earlier this year, BT’s Principal Network Architect, Andy Fidler, warned that encrypted DNS is a potential game changer in the area. In a presentation before several industry specialists, he outlined a variety of concerns, as ITPro notes.

    Among other things, these new developments will make it harder to block websites and to comply with court orders. 

    “If UK ISPs are no longer in the DNS path, they may not be able to fulfil certain domain specific court order blocking requests,” Fidler notes in his presentation.

    “DNS blocking is the most granular tool in the kit box used by UK ISPs to implement Government / Regulation blocking orders,” he adds.

    With regular DNS queries, ISPs such as BT can see which websites users are trying to access, even when people are using a third-party DNS provider. When DNS queries are encrypted, however, Internet providers can no longer see which websites customers visit. 

    BT’s Principal Network Architect called on UK Internet providers and the broader industry to see how they can respond to these developments. While increased privacy for users is not a bad thing, ineffective website blockades, useless parental filters, and other issues are seen as problematic. 

    This stance was also reiterated previously by a spokesperson for the UK’s Internet Services Providers’ Association, who informed Forbes that encrypted DNS should not break existing protections.

    “If internet browser manufacturers switch on DNS encryption by default, they will put users at serious risk by allowing harmful online content to go unchecked.

    “We would expect Internet browsers to provide the same protections, uphold the same standards and follow the same laws as U.K. ISPs currently do,” the association’s spokesperson added.

    Advancements like this will be hard to stop though. Cloudflare already offers encrypted DNS through its 1.1.1.1 nameserver and Firefox has enabled support for encrypted lookups since Version 62.

    And there’s more trouble on the horizon. 

    While encrypted DNS will make it harder for ISPs to block sites, it will certainly not be impossible. SNI eavesdropping is still an option, for example.

    This may no longer be as easy in the future either. In tandem with increased support for encrypted DNS, more tech companies are embracing encrypted SNI as well, which prevents ISPs from snooping on SNI handshakes.

    Last September, Cloudflare announced that encrypted SNI was live across Cloudflare’s network and a few weeks later, Mozilla followed suit by adding support for ESNI to its Firefox browser.

    This combination of encrypted DNS and SNI makes it very hard for ISPs to prevent access to pirate sites. Providers can still use blunt tools such as IP-address blocking, but that could become troublesome when sites move to shared IP-addresses. 

    While this sounds problematic for site blocking efforts worldwide, it’s not a major issue just yet. Support from browsers and network providers is still limited, and site owners don’t appear to see this as a priority either.

    For example, when we try to bypass the Pirate Bay blockade with both encrypted DNS and SNI, as well as support for DNSSEC and TLS 1.3, it still doesn’t work. Although The Pirate Bay uses Cloudflare’s compatible network, the domain doesn’t support DNSSEC, which is another requirement. 

    The effectiveness will, of course, rely on which blocking methods an ISP uses, but on the more aggressive ones, a lot of boxes have to be ticked in order to effectively bypass a thorough website blockade. 

    That said, it is still early days, and it wouldn’t be a surprise to see site operators and users fiddling around with this in the future. Meanwhile, other blocking-busters such as VPNs and the Tor browser remain an option as well.

    Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

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