How much does Comcast Monitor?

[Fr3@k3r]

i use bittorrent alot not just for linux downloads and other stuff..

but i got a comcast email today saying i downloaded copyrighted material and i should delete it.

#1 how much does comcast monitor your internet? and why are they legally allowed to?

[Captain Newbie]

i use bittorrent alot not just for linux downloads and other stuff..

but i got a comcast email today saying i downloaded copyrighted material and i should delete it.

#1 how much does comcast monitor your internet? and why are they legally allowed to?
In accordance with Title 18 Section 2511 (2) (a) (i) (h) of the United States Code, a telecommunications provider may legally monitor the operations conducted on their network if they believe that the user specifically conducting those operations poses a threat to the property assets of the company.

As for company specific policies, I can't speak for that; but they do have the right if they can reasonably prove that you pose a threat to the property of the company.

[Fr3@k3r]

In accordance with Title 18 Section 2511 (2) (a) (i) (h) of the United States Code, a telecommunications provider may legally monitor the operations conducted on their network if they believe that the user specifically conducting those operations poses a threat to the property assets of the company.

As for company specific policies, I can't speak for that; but they do have the right if they can reasonably prove that you pose a threat to the property of the company.

ok thank you :) just making sure i wasnt getting over paranoid.

[Kendan]

That means a content owner has identified your IP as one that stole content and then notified your ISP. What else is done is up to the content owner.

[Fr3@k3r]

That means a content owner has identified your IP as one that stole content and then notified your ISP. What else is done is up to the content owner.

well all comcast told me to do was delete the specified file if it was on my computer and comcast wasnt taking action, but i guess the company still can :bang head

[Captain Newbie]

well all comcast told me to do was delete the specified file if it was on my computer and comcast wasnt taking action, but i guess the company still can :bang head
That's good, you've effectively sidestepped litigation then. The points of what a telecoms operator may and may not disclose or cooperate with without a warrant IAW* the Fourth Amendment has not been raised judicially, or at least not to my knowledge, and probably should be raised judicially in this day and age of content providers suing first and not bothering to ask questions, ever.

What is NOT legal is a third party conducting surveillance of a network, unless aforementioned third party is contractually engaged (such as a private investigative firm) and operating under 18-2511 et seq. So what the RIAA and MPAA et al have forgotten is that it's actually NOT legal for them to conduct surveillance operations. But nobody cares. :)

[Kendan]

That's good, you've effectively sidestepped litigation then. The points of what a telecoms operator may and may not disclose or cooperate with without a warrant IAW* the Fourth Amendment has not been raised judicially, or at least not to my knowledge, and probably should be raised judicially in this day and age of content providers suing first and not bothering to ask questions, ever.

What is NOT legal is a third party conducting surveillance of a network, unless aforementioned third party is contractually engaged (such as a private investigative firm) and operating under 18-2511 et seq. So what the RIAA and MPAA et al have forgotten is that it's actually NOT legal for them to conduct surveillance operations. But nobody cares. :)

You make it sound like there is no chance anything else will happen from this. You are wrong. It is not up to comcast whether the copyright owner sues him. There is a real possibility that they are legally trying to find out his name and address as we post in this thread.

[Captain Newbie]

You make it sound like there is no chance anything else will happen from this. You are wrong. It is not up to comcast whether the copyright owner sues him. There is a real possibility that they are legally trying to find out his name and address as we post in this thread.
Oh, I don't doubt that they're attempting to use instruments of the judicial systems at all here. I'm saying that I don't believe it's legal for them to use the instruments of justice like that, or at least the point has not been raised in this country. So regardless of what's legal or not they're probably trying anyway.

[Kendan]

Oh, I don't doubt that they're attempting to use instruments of the judicial systems at all here. I'm saying that I don't believe it's legal for them to use the instruments of justice like that, or at least the point has not been raised in this country. So regardless of what's legal or not they're probably trying anyway.

All they need is a warrant signed by a judge to find out who it is. What is illegal about that? You might be refering to how they got his IP to begin with but that is not what you stated.

[Captain Newbie]

All they need is a warrant signed by a judge to find out who it is. What is illegal about that? You might be refering to how they got his IP to begin with but that is not what you stated.
The initial method of identifying him was probably questionably legal if not illegal. You may not conduct network surveillance without a warrant supported by probable cause, or if you are a subcontractor for a network operator who has reasonable suspicion to believe that specific user's operations pose a threat to the property assets of the network. ISPs also MAY NOT release information gained through internal surveillance without a court order. Certain points about this have not been raised judicially, however, and it's well enough time that they are raised and settled.

Note however that neither safeguard of personal liberties is particularly effective.

[Kendan]

The initial method of identifying him was probably questionably legal if not illegal. You may not conduct network surveillance without a warrant supported by probable cause, or if you are a subcontractor for a network operator who has reasonable suspicion to believe that specific user's operations pose a threat to the property assets of the network. ISPs also MAY NOT release information gained through internal surveillance without a court order. Certain points about this have not been raised judicially, however, and it's well enough time that they are raised and settled.

Note however that neither safeguard of personal liberties is particularly effective.

But we do not know how they got his IP so saying it was illegally gotten without any clue to how it was gotten is pretty rediculous. It is likely they got it thru illegal means but it very well could have been gotten by legal means.

I think you are getting a little confused. I do not think it was comcast that did the surveillance. I think they were notified by the copyright holder.

[Captain Newbie]

But we do not know how they got his IP so saying it was illegally gotten without any clue to how it was gotten is pretty rediculous. It is likely they got it thru illegal means but it very well could have been gotten by legal means.

I think you are getting a little confused. I do not think it was comcast that did the surveillance. I think they were notified by the copyright holder.
I think we're both saying the same thing with different words. :D Unless the content holder was a security subcontractor of Comcast, they're not supposed to do that. ;) Of course...well, I already said it.

[Enablingwolf]

What if the content holder got his IP off a torrent swarm. Then contacted Comcast? I would assume they have legal privilage to gain acces to content if the owner allows them to have it through contract. Now if they violated a sites ToS and was gathering IP's that is another issue unto itself.

Since the IP shows in a torrent swarm, it seems pretty easy to get someones contact(IP) then hit up the ISP in preclude trying to gather more information. If need be, seek legal action. Most the letters are a warning, and scare simple users into stopping the torrent sharing. Some it works on, some it don't.