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April 17, 2009 1:18 PM PDT

Swedish antipiracy law: Traffic down, ISP rebels

by Erik Palm
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Immediately following the enactment of a new Swedish antipiracy law on April 1, Internet traffic in Sweden plummeted--and it has yet to return to prior levels.

According to Netnod, an organization that measures Internet traffic on access points between Swedish and international networks, traffic went down from average data speeds of about 160 gigabits per second to about 90Gbps and has remained so since the day the new law went into effect.

On April 1, in the middle of week 14, the new antipiracy law took effect in Sweden.

(Credit: Netnod)

Netnod has declined to make the connection between the new antipiracy law and the traffic drop since it only measures traffic without identifying what sort of activity is behind the numbers. Other large Internet service providers won't release their numbers.

But Jon Karlung, CEO of Bahnhof , a comparatively small, outspoken broadband operator that has expressed opposition to the new antipiracy law, explains what it has seen.

"Almost half the Internet is gone," Karlung told CNET News over the telephone from Sweden. "Likely, it is the torrent traffic that has declined, but I cannot say whether this traffic is legal or illegal."

The so-called IPRED originated from the European Union's "International Property Rights Enforcement Directive." IPRED stipulates that property rights holders can take their grievances to a court, which will examine the evidence and decide whether the name of a holder of an IP address will be released.

The guilty verdict in the high-profile Pirate Bay trial, announced earlier Friday, was not affected by IPRED, since only file sharing done after April 1 is being affected by the new law. But copyright holders have already turned to the new law in an attempt to stop file sharers.

On the law's first day, five Swedish audio book publishers went after an alleged illegal file sharer in court, in hopes of revealing the identity of the person behind a particular IP address.

And two days after the law came into force, two men were arrested, allegedly for sharing copyrighted files and administering a "rip box," which removes copy protection on purchased films and music. International police were involved in the arrests.

Jan Karling, CEO of ISP Bahnhof will not store traffic data of alleged pirates.

(Credit: Bahnhof)

But now Bahnhof says it won't release the names connected to IP addresses, since its understanding of an earlier law based on another EU directive is that ISPs must erase traffic data for the sake of the subscribers' integrity.

"Our ambition is not to store any traffic data," Karlung said, adding that as a consequence, "Bahnhof cannot provide information on alleged piracy to courts, since we do not have the information stored. Thus IPRED becomes effectless."

Bahnhof's interpretation of the earlier law gets support from the Swedish Post and Telecom Agency, a regulatory body that's akin to the Federal Communications Commission in the U.S.

"There is no general obligation to store this kind of data for all subscribers," PTS attorney Peder Cristvall told the magazine Computer Sweden.

Bahnhof says it's opposing the new antipiracy law since it stops Internet innovation and development, naming Swedish companies MySQL Skype , and Spotify as examples of companies whose success has benefitted from Sweden's extensive file-sharing culture.

Instead, Bahnhof says copyright holders must develop business models and Internet tools that allow subscribers to share files legally.

Karlung says that in the short term Bahnhof's profits will rise with the IPRED law due to lower bandwidth costs, but in the long term the sales of fast Internet connections used for file sharing could decline.

"It is possible that we and other ISPs could sell fewer fast connections, but that won't affect our profits," Karlung said.

But just to make things a bit more complicated, the Swedish government is expected to propose a new data storage law based on a third EU directive in June. This law could force Bahnhof to store and share its data in the future anyway, much to Karlung's disappointment.

"It is this Orwellian nightmare state that is developing, where no one sees the dynamic of the Internet," a sighing Karlung says from the other side of the Atlantic.

Erik Palm, a business reporter for Swedish national television, is joining CNET News as a spring 2009 fellow with Stanford University's Innovation Journalism program. When he's not working, he enjoys kayaking and exploring California's hiking trails. E-mail Erik.
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Add a Comment (Log in or register) (26 Comments)
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by shootthecops April 17, 2009 2:03 PM PDT
anyone get the feeling that this is driven by behind-the-scenes payoffs rather than "altruism"?

sweden couldnt care less until the MAFIAA's finest lawyers showed up in town.
Reply to this comment
by Lerianis3 April 18, 2009 12:51 PM PDT
You hit the nail on the head. I am SURE that there were things that regular people would call..... bribes to get them to pass this law.

Personally, I don't download things illegally... with a codicil: as long as I can find it at a reasonable, it is available in my country for sale, and it doesn't have DRM (I will not pay for ANYTHING including DRM of ANY form!).
by datateknikk April 18, 2009 1:54 PM PDT
I am a artist, I share MY music on THEPIRATEBAY, by the verdict to CLOSE thepiratebay,
i cannot share MY music, as this SHOULD NOT BE!
by monkeyfun14 April 18, 2009 1:55 PM PDT
@Lerianis

Then you must not buy very much considering everything has some form of DRM including Macs
by Seaspray0 April 19, 2009 6:30 AM PDT
@monkeyfun. It's the DATA that contains the DRM, not operating systems. All operating systems do is contain the decoding software and using a digital certificate (provided by those who put the DRM on the data), it will read the data. If you wish to blame the source of DRM, you need to look at who placed it on the data, NOT at where the data gets decoded. This applies to all operating systems and even mp3 players.
by Sausagebiscuit April 20, 2009 4:48 AM PDT
datateknikk: the piratebay is not being closed at this time. there was no verdict to close down the piratebay.
by BtmnHatesRbn April 17, 2009 2:36 PM PDT
This story is BS. The graphic presented is an Adobe Illustrator rendering. This is nothing more that CBS, CNET's masters, making them making up a "news" story. Pirates don't even read the news, originate from China or Thailand, and aren't effected one bit by what happened in Sweden.
Reply to this comment
by sanenazok April 17, 2009 2:55 PM PDT
Yes what isn't created by some program somewhere. Is there something about Illustrator that makes is particularly less credible? I think if the numbers are false it has nothing to do with Illustrator or the fact that the graphic was made for the story. Something caused the Swedes to use the internet less and the law is a good enough reason.
by yourpcbytes April 17, 2009 9:50 PM PDT
Actually, the graphic is created by an open source program called RRDtool.
Check it out for yourself: http://oss.oetiker.ch/rrdtool/

So the whole "Adobe Illustrator" rendering is out the window.
by gggg sssss April 17, 2009 3:07 PM PDT
If they coudl shut down the Somali pirates as well........
Reply to this comment
by sythara April 17, 2009 3:28 PM PDT
No! We must deal with our own people first and only then worry about actual safety of our people.
by pentest April 18, 2009 10:22 AM PDT
Corporate profits are holy, greater than any other concern.

Get with the program!
by sanenazok April 19, 2009 5:30 PM PDT
It's a lot *easier* to go after copyright infringement than a bunch of armed thugs. The government does things that are easier. Don't you if when you have a choice?
by Laserdisc April 17, 2009 10:49 PM PDT
It seems to me it's becoming less about piracy and more about privacy. Give a government an inch and they'll take a mile on behest of their RIAA/MPAA type corporate masters.
Reply to this comment
by Lerianis3 April 18, 2009 12:53 PM PDT
Unfortunately, you are right. If the justification for stuff like this isn't the 'mean nasty pirates'..... it's pedosexuals, which is ANOTHER big LoC.
by Seaspray0 April 19, 2009 6:37 AM PDT
If you are concerned about privacy, you may not enjoy the internet of the future should it switch to IP6. Take the number of IP addresses and square it. That's how many address IP6 will have... enough that everyone can easily be assigned a static IP with plenty of space left over. If you get assigned a static IP, you can be traced back from anywhere on the internet since every packet your computer produces contains that IP address.
by unknown unknown April 19, 2009 4:46 PM PDT
"Big Brother in the form of an increasingly powerful government and in an increasingly powerful private sector will pile the records high with reasons why privacy should give way to national security, to law and order...and the like." - Justice William O. Douglas
by shardsofmetal April 18, 2009 12:24 AM PDT
I get errors when trying to visit both links about EU directives.
Reply to this comment
by datateknikk April 18, 2009 2:06 PM PDT
I am a artist, I share MY music on THEPIRATEBAY, by the verdict to CLOSE thepiratebay,
i cannot share MY music, as this SHOULD NOT BE!

This is the USA who want the fully controll over the musicbranch ALL the musicbranch, as well as american and the whole world else!

How the hell, may i sell my music, otherwise, share my music,
music i make, if it is illegal to share, to put out my music on internet, cause the USA say so!

Stop harasing the swedish and THE PIRATEBAY, do use your heads, an artist, make music, to show public their music, they share one track, as to say, as an "pirate" as they call a person downloading music, download my song, share it to you, you like this song, cause of this, you wan to buy my album, i make money cause you buy my album, who the hell are loosing money here?

Cause someone download a song, a track from an album, like it, go and buy the album in the shop!
Who the hell is not making money here?
Reply to this comment
by monkeyfun14 April 19, 2009 12:53 AM PDT
Plenty of other torrent sites out there that abide by the laws.
by unknown unknown April 19, 2009 11:39 AM PDT
@monkeyfun14 with only a handful of visitors.
by sanenazok April 19, 2009 5:32 PM PDT
@datateknikk - you never sold music through TPB so that angle isn't closed. It's just as easy to distribute using other forums. It's not the USA that did anything to TPB, it was Swedish law and a Swedish case.
by Sausagebiscuit April 20, 2009 4:51 AM PDT
Thepiratebay is not being closed down. There was no verdict to close down thepiratebay.
by guytaur1 April 18, 2009 9:32 PM PDT
Maybe this law is in reaction to the song by MC Lars "Download this song".

The Music Industry and now Hollywood do not get it..
The world is changing. Artists are going to sell their music to consumers directly. The middle man will lose. Thus consumers and artists both win. It is just the corporate types that will lose.
It is exactly like the way that online shopping will replace retail shopping.
It is just a question of time.
Reply to this comment
by shootfirst April 19, 2009 8:39 AM PDT
ISPs giving out IP addresses is bad form as now anonymous posting is futile. However this will just make botnets that much more important to the world and just increase worm traffic. The only way to stay anonymous will be to use a botnet and those of us that will wish to remain anonymous will use them. On top of that we will use open wireless hotspots or get creative and start splicing into infrastructure. Yes giving out IPs will make it so that common folk won't be able to download things, but will it stop worms from evolving and openly copying over information via worm file sharing and making it a mockery for any judicial system to punish those that get files on their machines due to no effort of their own?
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by drbyte April 19, 2009 9:49 PM PDT
Music is a glorified hobby now if your not in industry related jobs like soundtracks, ect. Artists will have to have day jobs, or make a big hit and hopefully get some movie roles.

File sharing is way beyond these little busts. They don't even mention the dozens of private tracking sites which specialize in anything you can think of. Then there's the whole blog universe with rapidshare and megaupload sharing that's very popular.

How do you really stop all this?
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