The first rule of Usenet is “you do not speak about usenet.” While writing something like this can upset those I would not want to upset, there is a bigger problem — what happens when the Usenet service provider (or more accurately, newsgroup service provider) fingers you as the internet user who is accused of committing a crime you did not do?
My mind can swirl with the possible implications of the above inquiry (oh what crimes can one commit), but in the context of this TorrentLawyer blog, there is a Usenet provider which is causing problems for their subscribers by identifying them as being the users who downloaded one or more copyrighted videos.
Many privacy-minded individuals flock to a service called Giganews because the content they provide is parallel to none. The problem is that Giganews providers their subscribers with a Virtual Private Network (“VPN”) called VyprVPN (in conjunction with their Golden Frog service), where their VPN is supposed to hide the identity and the activities of the users while they are logged into the Giganews service. This is effective for privacy-minded individuals who wish to communicate with others privately (e.g., stream a VoIP phone conversation over an encrypted connection) or mask their IP address from websites they visit. Similarly, a VPN is useful when your ISP monitors your connection for the purposes of what is known as “traffic shaping” — making certain activities happen faster, and slowing down less-favored activities.[To those that have been paying attention, VPN providers are not created equally. Notoriously, some (e.g., HideMyAss) have turned over the identities of their subscribers causing their arrest and incarceration. Giganews has also been implicated as being infiltrated by the FBI, and they are known to track and log all of their subscribers’ activities, even those activities apparently masked through their VyprVPN service.]
To the chagrin of those who have placed their trust in the VyprVPN service, many have received notices from Giganews implicating them as being the downloaders of copyrighted materials. They are sent one or more DMCA settlement demand letters from companies (such as CEG-TEK), even when they have not done any downloading at all.
While in this case I cannot fault any of the parties (accused subscriber, CEG-TEK) who are now enmeshed in a “yes you did,” “no I didn’t” fight, I can fault Giganews / Golden Frog / VyprVPN for mistakenly pointing the finger at one of their users for activities that user did not partake in.
Now obviously as an attorney, I represent many accused internet users, many of whom “have always been downloaders, and will always be downloaders,” but specifically with Giganews, too often there is an inaccuracy where the wrong user is accused of downloading copyrighted media when that user was not even logged into the Giganews service at the time the downloads allegedly happened.
This is a problem with timekeeping and recordkeeping, something Giganews (or Golden Frog) should remedy ASAP.
UPDATED COPYRIGHT ENFORCEMENT GROUP (CEG-TEK) ARTICLES (from this blog):
Canada begins receiving CEG-TEK DMCA settlement letters. (3/12/2015)
How time limits / purged records stop a copyright holder from learning a downloader’s identity. (12/18/2014)
CEG-TEK’s growing list of participating ISPs, and their NEW alliance with COX Communications. (11/12/2014)
The Giganews VPN Problem (11/12/2014)
CEG-TEK is now your friendly “photo” copyright troll. (6/13/2013)
CEG-TEK’s new “you didn’t settle” letters sent from Marvin Cable. (3/22/2013)
CEG-TEK’s DMCA Settlement Letters – What are my chances of being sued if I ignore? (2/22/2013)
Why CEG-TEK’s DMCA settlement system will FAIL. (2/22/2013)
[2017 UPDATE: Carl Crowell has created a new entity called RIGHTS ENFORCEMENT which has reverse-engineered CEG-TEK’s proprietary DMCA copyright infringement notice system. Many of you have visited CEG-TEK links thinking that RIGHTS ENFORCEMENT was CEG-TEK, but really they are an ‘evil twin’ competitor. Since the two entities operate almost the same way, and since they will likely be having the same issues as CEG-TEK did with VPN providers, this article is relevant.]
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