Swedish ISPs vow to erase users' traffic data
Having apparently been scared off illegal file sharing in large numbers by a new Swedish law that went into effect April 1, pirates in that country now have a new safe harbor to escape law enforcement.
Three Swedish Internet service providers, among them Tele2, one of the country's three major broadband operators, have stated that they will erase traffic data to protect their customers' privacy.
"It's a strong wish from our customers, so we decided not to store information on customers' IP numbers anymore," Niclas Palmstierna, CEO of Tele2, told Swedish national news agency TT Tuesday morning.
The information is crucial in investigating piracy. When surveying the Internet to spot computers involved in uploading or downloading copyright-protected material, it's easy to capture these computers' IP data. But to identify the person using the computer, it's necessary to ask for the ISP, as IP numbers normally are assigned dynamically by the provider.
The new so-called IPRED law in Sweden, based on an EU directive, gives copyright owners the right to ask for customers' identity from ISPs, if a court agrees.
Strong indications showed that total Internet traffic in Sweden decreased by 30 percent to 50 percent the day the law took effect, and traffic still remains low, as indicated by traffic exchanged between ISPs in major Swedish network exchange Netnod.
Tele2's decision to erase traffic data follows a similar decision by ISPs All Tele and Bahnhof.
The move in itself is not against the law. On the contrary, European law on electronic communication (PDF) demands that ISPs only store traffic data for a limited time period to handle billing, inter-operator traffic, and security issues. The law then requires them to erase that data as soon as possible.
Copyright owners are upset nonetheless. "It's astonishing that someone who claims to be a serious communication operator wants to assist in crime, which is implied by what (ISPs) are doing" when they erase data, lawyer Peter Danowsky told the Swedish daily newspaper SvD.
Danowsky represented the International Federation of the Phonographic Industry in the high-profile Pirate Bay case. Four men were sentenced to prison for assisting in making 33 copyright-protected files available over the Internet. (The IFPI represented a number of record labels in the litigation.)
Overall Swedish Internet traffic apparently dropped drastically on April 1 when a new antipiracy law went into effect. The graph represents traffic in gigabits per second through Netnod, the major Swedish node for exchange of traffic between operators.
(Credit: Netnod)"Major portions of the Internet traffic derive from illegal file sharing, which makes it an important revenue source for the ISPs," Danowsky added.
The downturn in Swedish Internet traffic results in lowered costs for ISPs, while revenues remain the same as prescription fees are flat rate. But long-term revenues are at stake, as demand for high bandwidth could decrease.
Other major ISPs in Sweden declare they will not follow Tele2's decision. They say they need traffic data to handle security issues. But data will be stored only for a few weeks.
Telia Sonera, the country's largest ISP, tells SvD that it stores data for "a short period," whereas another major ISP, Norwegian Telenor, says it stores data for a maximum of three weeks. So copyright owners that want traffic data must turn to a court very quickly after securing evidence on illegal file sharing if they want a chance to get at the identity behind an IP number.
According to Swedish police, the operators' move to erase traffic data will also make other cybercrime investigations more difficult, Swedish national news agency TT reports.
Meanwhile, the first case under the new IPRED law drags on. Five audio book publishers have turned to the law to get at the identity behind an IP number allegedly used for illegal file sharing, but the ISP Ephone refuses to hand over the information, declaring that the evidence is too weak.
The court now says the material from the parties is extensive and that it largely will be up to the parties to decide how long the court's decision will take, according to the daily SvD.
its not a crime in Sweden
remember, the dmca and all that sh|7 doesn't apply over there
An ISP has no obligation to shield you from prosecution---it is their records of their actions (assigning IP addresses) on their equipment on their premises---and compelling them to keep those records would be consistent with typical record-keeping activities businesses are regularly required to engage in.
Making money from physical media is not a human right, it is not a part of the constitution, if the technology changes so must the market. I don't see any monks translating books by hand. Their business died with the introduction of the printing press and it might well be that some current businesses will face the same fate. There is demand for media and there are good distribution methods in place to profit from it, improve those instead of trying to put the genie back in the bottle. Pirated media will always have a bigger availability than the physical media, if IP holders think that they can suppress unsanctioned copying they are sorely mistaken. Even the most draconian DRM systems will leak through the analogue hole. Music label are terrified because historically distribution and promotion have been their livelihood and now they have been playing so defensively for so long that their role has diminished since distribution is so simple. The gap between musicians and consumers have shrunk in turn weakening their position. THAT is what this war is really about, enforcing control, "save" an aging business model by added legislations. This war is not about producers and consumers, it is about the middle man battling for control of distribution. I spent more money on live concert last year than I've ever spent on spent on discs (and I have a quite healthy library). Music is still a performance art in my mind, where the biggest bands draw the biggest crowds and make the most amount of money. My prediction is that increased availability probably have helped small and medium sized bands to find bigger and new crowds.
Radiohead, Nine Inch Nails are good examples of bands finding a way to profit on new technology rather than fighting it (because it will be futile in the end). But this doesn't only profit huge and established bands. A local example here in Sweden is the singer/songwriter Sofia Talvik (http://www.sofiatalvik.com/) who is giving away remixes of her music, using social media to spread the word and doing free concerts at charities etc making internet a marketing tool. An American "grassroots" example of using the net to his advantage is Pronobozo (http://www.pronobozo.com/fans_only.php) who gives much of his music, allows podcasts and other shows to freely use it, because he understands that getting a lot of play is the best promotion you can get.
The new internet market wont work for everyone, some business will not survive the transition. But that is how it is and that is how it always have been for all professions. Some disappears and new ones arises. In 30 year no one might be able to make a living on selling physical media, but then again, 30 years ago virtually no one made any money developing software.
Stimulating the market with nonsensical/tailored laws by lobby organizations will not hold forever, and it is most certainly not worth surrendering our liberties over.
Lerianis3's comment is about monitoring and not about enforcement. Expanding your analogy of "running naked on streets"... the ISPs are expected to have cameras on all streets starting from your entrance to your driveway expecting people will run naked, that i think is a privacy violation.
The EU laws are clear in stating that and basically the ISP has the right to retain or not record as they so wish. And if they do retain then law enforcement can get it through a warrant.
remember, the dmca and all that sh|7 doesn't apply over there"
EUCD *does* cover Sweden, and says basically the same things as DMCA. Furthermore, as far as I'm aware, Sweden still has a copyright law, just like most other countries.
*golf clap*
Your example has one fundamental flaw. It doesn't account for the innocent. If you are a offender you have no right to argue privacy, as you have proven you've not discipline...however if your neighbor (or someone you have never met) chooses to exploit their rights, what gives anyone the right to infringe on my right to privacy. You are missing the big picture. Decisions like this don't effectively target the guilty, you are advocating that everyone should be punished.
- by lizuk22 May 3, 2009 10:40 AM PDT
- The new internet market wont work for everyone, some business will not survive the transition. But that is how it is and that is how it always have been for all professions. Some disappears and new ones arises. In 30 year no one might be able to make a living on selling physical media, but then again, 30 years ago virtually no one made any money developing software. <a href=http://www.citazioni-celebri.com/frases-celebres/>frases</a>
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