AT&T will begin sending out anti-piracy warning notices to subscribers caught downloading copyrighted content from torrent sites starting Nov. 28.

The new anti-piracy measures are part of a joint agreement between the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), and five major national ISPs to help curtail content theft.

TorrentFreak obtained internal AT&T training documents that outline how AT&T will deal with customers suspected of illicit downloading. After a series of warnings, AT&T intends to block access to websites suspected of copyright infringement until a customer successfully completes a course on online copyright law. Eventually, those caught repeatedly downloading pirated movies and music could face legal action after AT&T turns over the identities of suspect customers. Gone from early draft proposals are suggestions that ISPs will throttle or suspend service altogether for repeat violators.

Late reports indicate that other ISPs participating in the copyright enforcement action — Cablevision, Comcast, Time Warner Cable and Verizon — will also launch their own programs on the same date.

Most at risk are customers who frequent peer-to-peer file sharing sites. Tracking BitTorrent traffic is a priority for the newly-launched Center for Copyright Information (CCI) — a joint venture run by the ISPs in coordination with the MPAA and RIAA.

While not all peer-to-peer file traffic consists of illicit swapping of copyrighted works, some high profile torrent sites are among the first choices for consumers looking for free movies or music. CCI believes its Copyright Alert System (CAS) is primarily an educational tool for consumers who may not realize they are stealing copyrighted content. With its “six warnings” policy, CCI wants consumers to take action to protect themselves, their Internet accounts, and home networks well before any legal action is taken.

The latest implementation of the Copyright Alert System has watered down some of its earlier provisions, which could have put a customer’s Internet account at risk of being speed throttled or canceled. For now, consumers will receive six warnings about any suspected copyright infringement:

• The first three strikes carry no consequences and are intended to serve as informational warnings that the downloading of copyrighted content may be taking place;
• The fourth and fifth strikes will trigger forced browser redirects to a copyright education page and an online course on copyright law that must be successfully completed before the customer can once again visit suspect websites;
• Strike six means AT&T (and presumably other ISPs) will turn over the IP addresses of repeat offenders and comply with any subsequent court orders requesting the identity of the customer for possible legal action. AT&T does not say it will terminate the customer’s account, but does remind customers to be mindful of its Acceptable Use Policy, which does allow them to terminate service for illegal acts.

Edward Stroz

Consumers caught allegedly downloading copyrighted content can protest their innocence, but a $35 refundable filing fee is required to begin the arbitration process. If a consumer proves the files downloaded were not illegally obtained or that their account was flagged in error, they can have the warning canceled and get their filing fee refunded. But there are no penalties for CCI, its copyright tracking arm run by MarkMonitor, or the ISP if the copyright tracking system gets it wrong.

Critics of the copyright enforcement scheme claim it delivers too many benefits for CCI and its industry backers and insufficient protection for consumers misidentified during copyright infringement dragnets.

For-profit copyright tracking companies have made false allegations in the past, forcing CCI to hire an “independent and impartial technical expert” to verify the accuracy and security of the tracking technology used. CCI hired the firm of Stroz Friedberg as their expert.

Critics charge Stroz Friedberg is actually a recording industry lobbying firm, who worked with the RIAA for five years, earning $637,000.

Eric Friedberg

“It’s a disappointing choice, particularly in light of CCI’s professed desire to build public confidence in CAS and the fairness of its processes,” University of Idaho Law Professor Annemarie Bridy told TorrentFreak. “It would have been refreshing to see an academic computer scientist or some other truly independent party appointed to fill that important role.”

Bridy calls CCI’s Copyright Alert System lacking in transparency and stacked in favor of copyright holders, not consumers.

Stroz Friedberg’s appointment has also raised eyebrows among others that suggest their past lobbying violates the spirit of a Memorandum of Understanding signed by all parties requiring “independent and impartial” oversight.

“CCI’s choice of a former RIAA lobbying firm makes it clear that the copyright owner parties to the Memorandum of Understanding were more interested in appointing someone they trust than in appointing someone the public can trust,” Bridy adds.

Network World columnist Steven Vaughan-Nichols worries this is just the beginning of another copyright enforcement overreach:

The name of their game is to monitor your network traffic, with the help of your friendly ISP. Their justification for this is the usual made-up “facts” that content theft leads to “more than 373,000 jobs, $16 billion in lost wages, and $2.6 billion in lost taxes.” Yeah, I’m also sure someone downloading copyrighted porn leads to cats and dogs living together.

One reason I can’t buy into all this is that, as TorrentFreak points out, the Center’s expert who vouches that this all works is none other than Stroz Friedberg, a former RIAA lobbyist. Oh yeah, he doesn’t have bias for paranoid copyright protection companies.

What this means for you is that if your ISP is AT&T, Cablevision, Comcast, Time Warner, or Verizon, they’ll be watching your use of BitTorrent and letting CCI decide if you deserve some warnings, an end to your Internet service, or a full-out lawsuit.

[…] The RIAA, the MPAA, and other copyright “protectors” have never done anything for content creators. They’re all about protecting the businesses stuck with old, broken, pre-digital business models. Even that wouldn’t be so bad, except historically they’ve always vastly over-reacted.

We all know the stories of some poor slob who’s been slammed with tens of thousands of damages for downloading a song. What you may not know is that all the powers that be have to do is to claim something is copyrighted, whether it is or not, and multiple websites can be closed in minutes or your entire digital library can be destroyed.

Does that sound like paranoid fantasy? I wish.

[…] Oh yeah, I feel really sure that the CCI and friends are going to do a good job. Welcome to the new copyright world, same as the old, where you’re always considered guilty rather than that quaint idea of being considered innocent before proven otherwise.

CCI admits sophisticated pirates will probably never get caught by its Copyright Alert System, because most of them are moving to secured Virtual Private Network (VPN) technology that effectively masks their identities. TorrentFreak notes sales for VPN’s are skyrocketing, many headquartered far away from the reach of the United States in exotic, subpoena-proof locations like Cyprus, the Seychelles, Romania, and Ukraine.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/RT Thom Hartmann Copyright Alert System 3-20-12.flv[/flv]

RT’s Thom Hartmann presided over a debate about online copyright theft control measures proposed earlier this year by the entertainment industry and Internet Service Providers. Appearing with Hartmann are David Seltzer, Attorney & Mark Bledsoe. (March 20, 2012) (12 minutes)

Sprint will have majority ownership in Clearwire, including its lucrative wireless spectrum.

Sprint-Nextel will gain majority control over its beleaguered wireless partner Clearwire with the $100 million acquisition of Craig McCaw’s stake in the wireless company he co-founded.

Sprint already controlled 48 percent of Clearwire, which provides many Sprint customers with 4G WiMAX service, but today’s purchase will give Sprint more control over Clearwire’s considerable wireless spectrum holdings.

Jeff Kagan, an independent telecommunications analyst this morning told Bloomberg News Sprint’s acquisition will make a Sprint-Clearwire combination more attractive to Softbank, which is buying a controlling interest in Sprint and wants firm ground in the U.S. market.

“It gives the combined company much more spectrum, much more ability to deliver services,” Kagan said.

But Sprint denied it was seeking a complete acquisition of Clearwire, which still has Intel and cable operator Comcast as part-owners.

Clearwire’s planned 4G TD-LTE network upgrade due to launch in 2013 is also a comfortable fit for Sprint’s new partner — Tokyo-based Softbank, which uses the same technology on its own 4G network in Japan. Softbank last week announced it would pay $20.1 billion for a controlling interest in Sprint-Nextel.

[flv]http://www.phillipdampier.com/video/CNBC Faber Report Sprint Gains Control of Clearwire 10-18-12.flv[/flv]

CNBC covers Sprint’s announced acquisition of a controlling interest in beleaguered Clearwire, and what impact the acquisition will likely have on Sprint shareholders. (3 minutes)

[flv]http://www.phillipdampier.com/video/CNBC Verizon Wants More Consolidation 10-18-12.flv[/flv]

Lowell McAdam, chairman & CEO of Verizon Communications, is back on CNBC in this exclusive interview calling for additional wireless industry consolidation. McAdam also discusses Verizon’s huge earnings after its wireless plan changes, Verizon’s latest union contract, and the current state of the U.S. economy. (8 minutes)

[flv width=”480″ height=”288″]http://www.phillipdampier.com/video/WGRZ Buffalo Time Warner To Add New Fee For Internet Users 10-16-12.flv[/flv]

Time Warner Cable continues tapdancing around whether its new $3.95 monthly modem rental fee is a hidden rate increase. WGRZ in Buffalo presses a spokeswoman on whether this is just another cable company money grab.   (2 minutes)

Cable companies are starting to lay the groundwork to support the next generation of HD video — first with 4K, an improvement over today’s HD standard, and eventually 8K Ultra High Definition TV — delivering pictures 16 times better than the current 1080p HD standard and coming close to the level of detail supported by IMAX.

The 8K evolving standard, proposed by Japan’s public broadcaster NHK and dubbed Super Hi-Vision, remains years away, but cable operators are preparing their systems to support 4K UHDTV (3840 x 2160 – 8.3 megapixels)  much sooner.

By the time 8K comes into use, most cable operators will rely entirely on a single broadband pipe to deliver video, Internet access and telephone service. To handle that traffic, and the bandwidth UHDTV demands, providers will have to upgrade their systems to support much faster speeds. A single video channel transmitted in 8K UHDTV requires around 360Mbps.

That makes Google’s decision to construct a gigabit broadband network in Kansas City seem less revolutionary and almost evolutionary, considering how quickly bandwidth demand will increase in the next eight years.

The cable industry is now moving fast to finalize the next version of the DOCSIS standard which supports cable broadband. DOCSIS 3.1 is expected to be introduced Thursday at the Cable-Tec Expo. An initial preview seems to suggest the standard will be backwards-compatible with prior DOCSIS versions — good news for those buying their own cable modems — and will support multi-gigabit speeds, if the cable operator decides to dedicate more of its available bandwidth to broadband.

An essential goal of the cable industry is to match or beat 1Gbps, currently on offer from several fiber to the home service providers and Google. Some operators want even more — up to 10/2Gbps capacity, as they consider future speed needs.

But engineering advancements and innovation fly in the face of bean counters attempting to monetize broadband usage with usage caps and usage-based billing. The industry’s justification for usage caps becomes even more tenuous as it moves to a single pipeline for all of its services and treats its cable TV package differently from Internet traffic. AT&T and Bell are already doing that today with their U-verse and Fibe platforms. Both claim their TV channels move over a different network than traditional Internet, but as costs for both continue to decline, that is becoming a distinction with little difference.

Google and a handful of independent or community-owned broadband networks are largely the only ones calling out the cable industry’s bogus claims that consumers don’t need super fast broadband, usage caps are necessary, and broadband speed upgrades are difficult and too expensive. These new competitors have correctly predicted the exponential growth in bandwidth demand and are prepared for it, even as the industry continues to dismiss their competitors’ networks as unnecessary overkill.

But cable’s hurry to DOCSIS 3.1 tells a different story.

Jeff Baumgartner from Light Reading Cable observed cable executives at Tuesday’s annual Cable & Telecommunications Association for Marketing (CTAM) conference, where those attending beat the drum for faster and better networks:

[DOCSIS 3.1] will also focus on the quality of cable’s pipe, reduced latency and other smarts designed to help enable a new set of broadband-based services. Cable’s interest in offering 4K HD services, which offer four times the resolution of today’s HD, was an example that was brought up several times during the session.

The cable industry also hopes to shorten the process of creating the specs and having them turn into deployable products. An average generation of DOCSIS has typically taken three to four years.

“We can no longer do that,” said Phil McKinney, the new president and CEO of CableLabs, but didn’t offer a guess on the anticipated cycle for 3.1. “We have to deliver higher and higher performance.”

[…] And 3.1 is also about the almighty dollar as broadband usage continues to climb. Getting costs down “is a key part of Docsis 3.1,” said Cox Communications Inc. EVP and CTO Kevin Hart.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Light Reading NBCU Ultra-HD Demo 10-12.flv[/flv]

Jeff Baumgartner from Light Reading Cable was invited to a demonstration of 8K UHDTV, which will require much faster broadband networks to handle the super high quality video. (3 minutes)