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Technology to watch file-sharers will be used in a trial of 40 per cent of Virgin's network
Privacy International is considering legal action over Virgin Media’s proposal to monitor internet users for illegal downloads.
The privacy organisation said if the trial of the CView technology goes ahead it would also take its complaint to the European Commission, which could take action itself.
Alex Hanff, head of ethical networks for Privacy International, said: “This software works in the same way as Phorm and raises exactly the same privacy issues as Phorm did, and the European Commission is already taking infringement proceedings against the UK in this case.”
CView, developed by a company called Detica, carries out what is called deep packet inspection. This technology is often used by internet service providers to manage their internet traffic.
CView, however, intercepts internet traffic and, according to Virgin, looks for signatures that show if a person is downloading content using file-sharing services.
Currently it appears that Virgin is only looking for illegal music downloads. The technology then automatically checks a database set up by copyright holders to see if the content has its digital rights management watermarks and fingerprints. User details will not be handed over to the copyright holders as the trial is designed to measure the number of illegal downloads.
Virgin also said that no individual communications would be monitored. However, Privacy International said this was rubbish as Virgin would have to intercept individuals’ traffic and inspect the content to find the signatures.
It said if Virgin goes ahead with the trial, the use of the technology could breach the Regulation of Investigatory Powers Act 2000, The Privacy and Electronic Communications Regulations 2003 and Article 8 of the European Convention on Human Rights.
Mr Hanff said: “We are deeply concerned that the private and public sector feel they can ignore the law and will continue to do everything in our power to protect privacy.”
Detica was asked by Computeractive if it had checked with Ofcom and the Information Commissioner’s Office if the software was legal.
The company said it was in “regular discussions with Ofcom… and has consulted external counsel and regulatory bodies to ensure that CView is developed in line with applicable legislation.”
We asked Ofcom, which under the Digital Economy Bill is charged with investigating technologies to combat unlawful file sharing, if it had ruled CView lawful to use but have not yet had a reply.
The Information Commissioner’s Office said it was still looking at the software and having discussions with both companies.
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Where is the Law!
The bodies mentioned are Public/Private bodies & have no business interfering with the Legal Jurisdictions that "should" be applicable in this matter! The ICO has NO jurisdiction in respect o RIPA, hence the Phorm debacle!
Posted by J D, 03 Dec 2009
HomeOffice are rather quiet aren't they?
As RIPA is the business of the Home Office we will really need information from them. They do have a record of getting in on these interceptions early on in the game as we know from their "collusion" (Baroness Miller of Chilthorne Dormer - House of Lords debate) with BT/Phorm to produce guidance on DPI matters. Perhaps they will enlighten us. We know that the ICO were not contacted by Detica or VM BEFORE the news broke about the latest VM trial. Perhaps their meetings with officials were not minuted?
Posted by phormaverse, 03 Dec 2009
Name these External Legal counsel
"The company said it was in ?regular discussions with Ofcom? and has consulted external counsel and regulatory bodies " ita Very interesting and now the benchmark all others are measured against, that the BT/Phorm Deep Packet Interception for commercial Profit also said they 'had consulted external counsel ' and were deemed compliant, But it didnt turn out to be true. So the Obvious Open question is simple 'Name these External Legal counsel and their Uk address' that you Imply you have consulted and been given their official legal opinion you comply with All UK legal statute. and that includes being fully compliant with RIPA so as not to fall into the clear cut criminal 'Stanford RIPA case law' the stanford RIPA case law URL http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/Cliff%20Stanford.htm name them and prove proof your telling the truth that you beleave you are indeed legal, after all thats exactly what you and your kit are asked the UK mass consumers of Virgin media to do.
Posted by kingCon, 03 Dec 2009
Mmmm
'The technology then automatically checks a database set up by copyright holders to see if the content has its digital rights management watermarks and fingerprints.' Theres a lot of totally legal material out there that would have no digital rights management on it. Small bands, even NIN albums that were released on BitTorrent. What about them? That'd give a scewed number for sure
Posted by Kevin, 04 Dec 2009
Web Traffic Monitoring - Illegal File Sharing
I cannot see what the problem is here - I have no problem with my ISP monitoring my web use for illegal downloads as I do not and never have stolen (which is what it is) music/film/software in any shape or form. They are not interested in anything else one may be doing on the internet (yes, even porn surfing, lol) and it begs a question why some people are so concerned about this (something to hide perhaps?). This is one of the very few decent proposals Gordon Brown has made in recent times (I am a Conservative voter personally) and I cannot see who, other than the user's ISP, can possibly find out who these thieves (I call it like I see it) are and take action with warnings followed by a suspension of service if necessary.
Posted by Saetana, 05 Dec 2009
Disgrace
I think this idea is a total disgrace and an invasion of privacy. Despite the fact that I have little interest in illegal file sharing i am totally against this, it's like the police popping round your house every day to do a quick search to see if you have stolen property. I am currently a Virgin Media customer and unless other providers intend to do the same I will be changing providers.
Posted by Stephen Roach, 05 Dec 2009
Branson?s Snoopers
I am a Virgin customer ? but won?t remain so for much longer if this company persists in thinking it can poke its nose into my private affairs with impunity. I shall retaliate against this unwarranted intrusion by terminating my contract for telephone, TV, Internet and mobiles. Just who the hell does ?beardie? think he is? Who gave the narcissistic ?politically correct? Branson the right to monitor my internet activities or to make judgements thereto? Ever since the advent of ?New Labour?, we have witnessed a constant erosion of our civil liberties (the ?dark? side of socialism) augmented by hastily introduced, ill thought out, draconian anti-terrorism legislation (a god-send for interfering busy-bodies) ? with myriad ?unintended consequences? - giving every pipsqueak and town hall apparatchick the legal right to interfere in a person?s daily life. The plutocratic ?new labour lovie? owner of the Virgin empire is, self-interestedly, conniving at this Orwellian nightmare and thoroughly deserves to be punished in the pocket ? where it will hurt him the most. It?s about time that the bovine British public herd got its collective head out of its collective backside and told the unctuous and thoroughly corrupt political and commercial oligarchs who have such a malign influence on its polity that it has had enough of their machinations. Fight back! We are vastly more powerful than they are.
Posted by Ken Orr, 06 Dec 2009
virgin nosey parkers
if virgin insists that they want to look on my computer to see what i am downloading no problem i will just change my internet provider. a few moore customers like that and see how fast they back down
Posted by bryon collins, 07 Dec 2009
It looks worse than communism!
100% communism! Let's hope justice will be done and we won't be spied upon by the Stazi!
Posted by Magnolia, 09 Dec 2009
Bandwidth Already Cut
I have been using Limewire to transfer exceptionally large files (some > 1.5Gb) from office to home with a direct connection. I have had my connections cut to a very slow drizzle and it now takes over 8 hours to transfer my files between office machine and home machine instead of 30 mins so now I will start to use DVD's and Virgin can stuff all of their services. I shall return to Sky
Posted by A N Other, 09 Dec 2009
so you advocate mass stalking and commercial piracy for profit as long as it Virgin Meda!
"Nicholas Bohm | December 8th, 2009 at 15:31 UTC Does using CView involve interception under RIPA? Yes. The question of whether a human needs to see something before it counts as interception is answered in my paper on Phorm at http://www.fipr.org/080423phormlegal.pdf in paragraphs 14 to 17. No human access is necessary - machine examination of content is still interception, and unlawful unless justified. It remains to be seen whether a convincing case can be made for an ISP?s need to know how much of its traffic infringes copyright - is this really required for purposes connected with the provision or operation of its service? "
Posted by big buck bunny, 09 Dec 2009
Virgin Infringing People's Human Rights
Can't the United Nations do something about this proposal? After all, they do in other cases of Human Rights. This MUST be an infringement on people's human rights. Talk Talk (Carphone Warehouse) aren't going to implement this, unlike Virgin & with ISP's clambering for signatures on contracts Virgin are going to shoot themselves severely in the head if they go ahead with it. Would Mr.Branson be so interested in this if he didn't own a music label (Virgin Music) that's possibly losing dosh? As for the person who's "never stolen music", did they ever make up audio tapes to play in their vehicle or at home? That's "stealing" too. People in glass houses......
Posted by Davie Paterson, 10 Dec 2009
Ofcom investigating ?
"Ofcom investigating technologies under the Digital Economy Bill" ????? Surely they are only investigating them so that this evil government can implement them !
Posted by Gil, 11 Dec 2009