Copyright Alert System (CAS)

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Copyright Alerts are part of a progressive educational system to help subscribers understand the significance of protecting copyright in the digital environment, to advise them about the importance of avoiding inadvertent or intentional online distribution of copyrighted content, and to suggest legal ways to obtain digital content. These alerts will be similar to current credit card fraud alerts. Today, when fraud is detected on a consumer’s credit card account, the credit card company notifies the consumer by an email, a text message or a phone call.  Like credit card fraud alerts, Copyright Alerts are intended to be educational for consumers, helping consumers take action to protect themselves, their internet accounts and home networks.

The Copyright Alert system applies to peer-to-peer* file sharing of digital copyrighted content.  It does not address other possible forms of online copyright infringement involving the downloading or streaming of copyrighted content.  We anticipate, and data suggests, that the educational information provided in an alert will lead to very few subscribers who persist (or allow others to persist) in illegal file sharing.  While subscribers who receive multiple alerts may ultimately warrant a mitigation measure, we expect those measures to be rare. 

*peer-to-peer or P2P refers to a computer network in which each individual computers upload, download and share files with other computers, allowing shared access to, often, illegal  files containing copyright film, television and music content.

How CAS works:

Under this system content owners (represented by MPAA and RIAA) will notify a participating ISP when they believe their copyrights are being misused online by a specific computer (identified by its Internet Protocol (“IP”) address which indicates the connection to the Internet). The ISP will determine which of its subscriber accounts was allocated the specified IP address at the applicable date and time and then send an alert to the subscriber whose account has been identified. The alert will notify the subscriber that his/her account may have been misused for potentially illegal file sharing, explain and why the action is illegal and a violation of the ISP’s policies and provide advice about how to avoid receiving further alerts as well as how to locate film, television and music content legally.

Alerts will be non-punitive and progressive in nature. Successive alerts will reinforce the seriousness of the copyright infringement and inform the recipient how to address the activity that is precipitating the alerts.  For users who repeatedly fail to respond to alerts, the alerts will inform them of steps that will be taken to mitigate the ongoing distribution of copyrighted content through their accounts.

An example of the alert system is below:

  • First Alert:  In response to a notice from a copyright owner, an ISP will send an online alert to a subscriber, such as an email, notifying the subscriber that his/her account may have been misused or involved in copyright infringement.  This first alert will also direct the subscriber to educational resources which will (i) help him/her to check the security of his/her computer and network, (ii) provide explanatory steps which will help to avoid copyright infringement in the future and (iii) provide information about the abundant legal sources of music, film and TV content.
  • Second Alert:  If the alleged activity persists despite the receipt of the first alert, the subscriber will get a second similar alert that will underscore the educational messages.
  • Third Alert:  If the subscriber’s account again appears to have been used for copyright infringement, he/she will receive another alert, much like the initial alerts. However, this alert will provide a conspicuous mechanism (a click-through pop-up notice, landing page, or similar mechanism) requiring the subscriber to acknowledge receipt of this alert.  This is designed to ensure that the subscriber is aware of the third copyright alert as well as the previous educational alerts.
  • Fourth Alert:  If the subscriber’s account again appears to have been used for copyright infringement, the subscriber will receive yet another alert that again requires the subscriber to acknowledge receipt.
  • Fifth Alert: At this time, the ISP may take one of several steps, specified in its published policies and the alert itself, reasonably calculated to stop future copyright infringement.  These steps, referred to as “Mitigation Measures,” may include, for example: temporary reductions of Internet speeds, redirection to a landing page until the subscriber contacts the ISP to discuss the matter or reviews and responds to some educational information about copyright, or other measures that the ISP may deem necessary to help resolve the matter.  The ISP may decide to waive the Mitigation Measure at this point – but it would be applied if a further notice of copyright infringement associated with the same subscriber’s account is received.
  • Sixth Alert: If the subscriber’s account again appears to have been used for copyright infringement, the ISP will send another alert and will implement a Mitigation Measure as described above.  As described above, it’s likely that very few subscribers who after having received multiple alerts, will persist (or allow others to persist) in the copyright infringement.

Additional facts about CAS:

  • Independent Review: Upon receiving an alert advising that a Mitigation Measure is pending – but before it is imposed, an Internet subscriber may request an independent review if s/he believes that this alert or one or more previous alerts is/are not valid on the basis that the online activity in question was lawful or that the subscriber’s account was identified in error. . CCI has formed a partnership with an independent reviewer, the American Arbitration Association (AAA), to help manage the review portion of the Copyright Alerts. AAA has a long history and experience in the field of alternative dispute resolution. If the independent reviewer concludes that the subscriber’s assertion is valid, the Mitigation Measure will not be imposed and the list of alerts will be removed from the subscriber’s account.
  • CAS Respects Consumers Privacy: CCI and CAS are committed to respecting the privacy rights of subscribers. No personal information about subscribers will be provided to content owners by ISPs, without applicable legal process and subscribers’ express consent – including during an independent review process.
  • No Requirement of Termination and Preservation of Essential Services: This Copyright Alert System protects a consumer’s essential services and does not, under any circumstance, require the ISP to terminate an Internet subscriber’s account. ISPs are not required to impose any mitigation measure that could disable a subscriber’s essential Internet or other services, such as telephone service (to call 911), email, or security or health service.
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