[Infowarrior] - MPAA investigating existing legal avenues for anti-piracy measures

[Richard Forno]

MPAA investigating existing legal avenues for anti-piracy measures
updated 01:15 am EST, Fri December 12, 2014

http://www.electronista.com/articles/14/12/12/leaked.information.reveals.potential.legal.tactics.and.meetings.with.google.execs/

Leaked information reveals potential legal tactics and meetings with Google execs

A disturbing new email leak sent to Sony Pictures CEO Michael Lynton in 2012 has revealed a secret meeting between officials from the Department of Homeland Security and representatives from Google that was focused on methods by which the various groups could hobble or block sites known for hosting pirated materials. Meetings also occurred between the MPAA and an unnamed national law-firm across 2013 to discuss methods to force ISPs to block sites hosting or aggregating pirated content.

The Sony email outlines the details of a meeting between Lynton, John Morton of Homeland Security, unnamed representatives from Google, and a small number of other interested anti-piracy parties. On March 19, 2012, a member of Sony Pictures legal affairs team emailed Lynton regarding a meeting being assembled by Morton. The guest list was impressive, if eclectic in some places. Chief among them was Vint Cerf, Google's Chief Internet Evangelist and generally considered to be one of the "founding fathers" of the modern Internet. A sentiment that was made clear in the meeting was that none of the parties wanted a repeat of the Stop Online Piracy Act (SOPA) debacle of 2012, so the meetings were kept small and secret by design.

The email lists out the attendees, but says more about Google and Cerf then about Sony's participation. "Google apparently is willing to do more than its public (and not so public) positions," the email said in part. According to the email, Google suggested [Lynton] as the most balanced and reasonable person on the studio side and specifically requested his participation. "No other studio would be involved," Sony assured Lynton. The email goes on to point out that Cerf and fellow attendee Dr. Stephen C. Crocker, the board chair of ICANN, were childhood friends.

Meanwhile, TorrentFreak has posted an exhaustive list of potential legal actions the MPAA consulted with a major law firm over, for the purposes of enacting website blocking in the US. Of the four options presented, only one came across as "promising but untested" to the law firm: Rule 19 of the Federal Rules of Civil Procedure, which would involve the MPAA finding a "foreign rogue site" who has failed to abide by an ISP's terms to be guilty of infringement. The MPAA would then have the ISP join them in a lawsuit against the rogue site. This would allow the MPAA to have the ISP block the site without having to accuse the ISP of any wrongdoing, or to take action against the ISP itself.

The tactic is considered uncertain, and depends on how the FCC and the Supreme Court view the Communications Act, and how that may impact the ability of an ISP to fight the need for them to enact the blocks the MPAA would demand. In previously legal cases calling for site-blocking, ISPs have generally taken the public position that they are not telecommunications companies, and thus have no obligation to "filter" some sites over others.

However, they are offered certain protections under DMCA 512(a) as "conduits," which have the same definition as "telecommunications" does in the Communications Act. It's uncertain how this might change if broadband is classified as a utility next year. There's no doubt that the backlash against SOPA/PIPA has made anti-piracy pro-site-blocking camp more cautious in their actions, and there's no telling if their current actions will spark quite such a furor again, though it can certainly be counted on that opposition will be spirited.

The text of the email is as follows:

Subject line: Today's call with John Morton, Assistant Secretary of Homeland Security

John is calling you today to invite you to join a small group being formed to meet with him and Google (and a few others) to explore working together to find a "compromise" to the Google issues; his theory is that a small group will be more constructive and productive. Google apparently is willing to do more than its public (and not so public) positions; Google suggested you as the most balanced and reasonable person on the studio side and specifically requested your participation. No other studio would be involved.

You are his first phone call invitation to this small group. He plans on also inviting the Chairman, President and CEO of Eli Lilly, John C. Lechleiter, who is very involved in fighting counterfeit pharmaceuticals; additionally, he wants to invite Ernie Allen, who is the President and CEO of the National Center for Missing & Exploited Children. I have attached the resumes of each of these two gentlemen. Lastly, he is thinking of including someone from Rosetta Stone; I still have not confirmed who that would be. From what I understand, John does not want the group any larger.

On the Google side, I have been told that Vinton C. Cerf, vice president and "Chief Internet Evangelist," as well as Dr. Stephen C. Crocker, board chair of ICANN, would attend. They are childhood friends, and together have been responsible for laying the Internet's foundation. I have also attached their resumes.

The meetings would be in Washington most likely since the others are in Indianapolis , Washington and Virginia respectively. Lastly, he has asked that we keep this very confidential.

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