Are eircom still monitoring file sharing after E.U. ruling a few months ago?

nomurmur

Hi all

Remember a few months back the ruling in the EU courts about it being illegal for companies such as eircom to monitor internet usage and block certain sites etc (something along those lines). At the time it seemed somewhat unclear what the ramifications would be for eircom broadband users,anyone know what they are, is the eircom 3 strike poilicy still in place etc. ?

Thanks!

java

eircom don't monitor file sharing.

yoyo

The Pirate Bay is still blocked and yes they still operate the 3 strikes system, Eircom don't do the monitoring, a third party do and report back to them

Nick

Nody

nomurmur wrote: »

Hi all

Remember a few months back the ruling in the EU courts about it being illegal for companies such as eircom to monitor internet usage and block certain sites etc (something along those lines). At the time it seemed somewhat unclear what the ramifications would be for eircom broadband users,anyone know what they are, is the eircom 3 strike poilicy still in place etc. ?

Thanks!

The ruling was that national courts can not tell them to block sites (I posted a thread on it here) but if I remember correctly Eircom took it on themselves to do the blocking; not due to an order from the court.

Obviously Eircom could also decide to stop doing the three strike deal and if it went to court (which was the reason it was implemented the first time) point at the EU ruling about it but I highly doubt they will. Eircom has not been exactly proactive in general...

jimmycrackcorm

Eircom have made a binding agreement to implement the PB block and 3 strikes.

I'm no legal expert but to get around it I suspect that someone affected by it would have to challenge the validity of that agreement in court to have it revoked.

jimmycrackcorm

Eircom have made a binding agreement to implement the PB block and 3 strikes.

I'm no legal expert but to get around it I suspect that someone affected by it would have to challenge the validity of that agreement in court to have it revoked.

Cuddlesworth

yoyo wrote: »

Eircom don't do the monitoring, a third party do and report back to them

Nick

Sadly, Eircom do the monitoring. I've been told they are managing to packet sniff about a third of their current traffic. But they have received incentives to do so. The agreement worked both ways.

ratedR

A friend of mine is with Eircom. He only signed up a few months back. Couple of weeks ago he got a letter in the door stating that he downloaded an album. It gave the full name of album and artist, time, date and the torrent client used.
It wasnt a warning, just letting him know that they knew.

So yes, eircom definitely are monitoring fileshare and torrents.

yomamasflavour

As posted earlier, Eircom do not monitor internet usage or p2p. (Due to data protection legalities and the massive investment that would be required to do so)

Third parties monitor p2p networks (as can anybody) they look for Eircom users and subsequently inform Eircom if they find any.
Anybody that was caught, was using p2p.

Mediums that are very easy for 3rd party companys to spoof and/or monitor.
If you're still using them in this day and age, you deserve to get caught.

ratedR

yomamasflavour wrote: »

As posted earlier, Eircom don't do the monitoring, a third party do and report back to them.

Well, going back to the OP's question, he wasn't worried about whether Eircom or a 3rd party was doing the monitoring, but just wanted to know if it was being monitored or not. I had a story that clarified that it is being monitored.

yoyo

Its those MediaSentry w*nkers or whatever there called these days that do the monitoring, trust me Eircon as bad as they are are not out there looking at what people are leeching on torrents. Now when a report is made to eircon, they act on it, unlike the other providers

Nick

PogMoThoin

Pity there was no other method of downloading

Yep its a third party called Dtecnet who do the traffic monitoring.
http://dtecnet.com/EN/About/Company%20History.aspx

Way to go eircom allowing a third party from another country to actively monitor their customers traffic.

The only isp worldwide to do agree with it without any court order.

yoyo

cisk wrote: »

Yep its a third party called Dtecnet who do the traffic monitoring.
http://dtecnet.com/EN/About/Company%20History.aspx

Way to go eircom allowing a third party from another country to actively monitor their customers traffic.

The only isp worldwide to do agree with it without any court order.

Forgot that name!

Nick

ninjasurfer1

cisk wrote: »

Way to go eircom allowing a third party from another country to actively monitor their customers traffic.

As already said on this thread, eircom does not monitor their customers traffic and does not provide a facility for a third party to monitor this customer traffic either.

http://www.eircom.net/notification/legalmusic/faqs


10.What criteria is been used to identify customers?
IRMA is using a third party (Dtecnet) to identify the eircom IP addresses engaged in illegal downloading and sharing of music. eircom has no control over this identification process. However, eircom has sought and received assurance from IRMA that the process is fully legal and approved by the High Court. The Court has confirmed that the process is in their view in accordance with Data Protection Legislation.

On receipt of the IP addresses from IRMA, eircom will identify the specific customers without sharing any customer details with IRMA or any other party..


18.Will eircom be monitoring network traffic?
No. There will be no intervention to the network by eircom and eircom will not use any software to monitor specific activity of users on the network.
The music industry will monitor illegal downloads in the same way it already does. It will then pass that information (in the form of IP addresses) to eircom. Their process for data collection has been reviewed and approved by the Office of Data Protection Commission (ODPC).


19.Does eircom monitor what I am doing online?
No. There are strict privacy laws that prohibit eircom from monitoring the online activities of individual customers.

iMADEtheBBC

If someone is downloading intellectual property that they don't have the rights/permission to do so then Eircom (or their ISP) is the least of their worries.

IP owners are constantly 'sniffing' so to speak. This is why software such as Peerblock is used by P2P users. I've seen advice that usenet users should use SSL connections.

iMax

I have an email from infact (Irish federation against copyright theft) stating the law as it stands in Ireland declares it legal to download movies for your own use (only). It's what you do after that, that makes it illegal (seeding = distribution).

They wouldn't be drawn when I asked for clarification on music or TV.

AntiRip

Just seen this in thejournal.ie

Mark Tighe reports in the Sunday Times that the Data Protection Commissioner has ordered Eircom to halt the practice. It’s understood the ruling is based on privacy concerns over the use of web surfers’ IP addresses to identify them.

PogMoThoin

AntiRip wrote: »

Just seen this in thejournal.ie

"Massive Blow", LOL, when will these fools realise they need a new system not flogging a dead horse for a system that doesn't work

AntiRip

To be honest I think it's too late for a new system. All the young ones are now used to listening to music on youtube, vevo, grooveshark, spotify, etc etc and even free music downloads apps on android market. They've lost their chance back in the napster days to introduce a system then.

expectationlost

so dpc acting just when its too late

http://www.irishtimes.com/newspaper/frontpage/2011/1219/1224309259318.html#.Tu6GMic36Xs.twitter

http://www.irishtimes.com/newspaper/finance/2011/1219/1224309256995.html#.Tu6GpVDrh-s.twitter

blackdog2

expectationlost wrote: »

so dpc acting just when its too late

http://www.irishtimes.com/newspaper/frontpage/2011/1219/1224309259318.html#.Tu6GMic36Xs.twitter

http://www.irishtimes.com/newspaper/finance/2011/1219/1224309256995.html#.Tu6GpVDrh-s.twitter

The government has (or certainly, should have) bigger fish to fry at the moment. I hope we can prioritize...

iMax

http://www.breakingnews.ie/ireland/govt-set-to-change-rules-around-internet-downloading-532719.html

AntiRip

Why are these guys so stupid and ignorant about the internet, or are they just scared of it being too easy for the masses to download from the internet and accepting there will always be more cunning people that will get around any types of blocks.

The thing with this is that it's setting a dangerous precedence in that the government and courts will be taking control over our internet. This should not only worry the 'pirates' (to be honest, they won't give a crap anyway) but ordinary people, as where will this lead to. It's like introducing a new tax (household charge) it will just consume more and more as time goes on. What sites down the line will they decide is not suitable for us?

hardCopy

expectationlost wrote: »

so dpc acting just when its too late

http://www.irishtimes.com/newspaper/frontpage/2011/1219/1224309259318.html#.Tu6GMic36Xs.twitter

http://www.irishtimes.com/newspaper/finance/2011/1219/1224309256995.html#.Tu6GpVDrh-s.twitter

Sure it works for China

Thor

This part gets to me!!!

Justice Charleton agreed that EMI’s intellectual property rights were being infringed, but said that he could not make the order, as the Copyright Act did not allow it. However, he pointed out that the legislation should include such a provision in order to bring it into line with EU law, which the Republic is obliged to follow.

If that is the case, Doesn't that mean they have to follow what the Courts of Justice of the European Union have laid out.

Meaning no court can order an isp to block p2p access. What exact EU law are they referring to.

The Irish data protection watchdog has ordered the country's largest internet service provider (ISP) to stop using its 'three strikes' system for identifying and warning alleged illegal file-sharers, according to media reports.

http://www.theregister.co.uk/2011/12/21/irish_isp_told_to_stop_using_3_strikes/

BrianD

AntiRip wrote: »

Why are these guys so stupid and ignorant about the internet, or are they just scared of it being too easy for the masses to download from the internet and accepting there will always be more cunning people that will get around any types of blocks.

The thing with this is that it's setting a dangerous precedence in that the government and courts will be taking control over our internet. This should not only worry the 'pirates' (to be honest, they won't give a crap anyway) but ordinary people, as where will this lead to. It's like introducing a new tax (household charge) it will just consume more and more as time goes on. What sites down the line will they decide is not suitable for us?

You see it's not really "your internet" or "our internet" it is actually "their internet". "their" being the various private companies that own the networks. So as long as net neutrality suits them, you'll get it. If it doesn't you won't.

celtic-chick

I would love to know if anybody has had the 3 strikes & what eircom did about it.I cant see eircom disconnecting your broadband as they need all the business they can get.I could be wrong but eircom are one of the dearest providers out there.

clearz

Check out here if you want to see what torrents have been downloaded from your IP. http://www.youhavedownloaded.com/ I guess its all down to how static your dynamic IP is. I've noticed with Vodafone it's only a matter of restarting your router to get a new IP but with UPC they are a lot more fixed.

the scrote

where do i stand legally on this.I don't download but stream alot of movies online,is this a grey area aswell?