Keep pirating content and you may lose control of your thermostat, ISP warns

Porthos

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There’s tough love and then there’s borderline cruelty, and it would appear that one internet service provider (ISP) in the northeast is veering toward the latter. In what can only be described as a very, very serious line in the sand, local ISP Armstrong Zoom is suggesting that suspected content pirates could not only have their internet privileges revoked, but might also risk their smart thermostats and security systems. So if that doesn’t convince you to stop torrenting, we don’t know what will.

Around one million people in the Northeastern region of the U.S. use Armstrong Zoom’s internet services, and at least some of them are also using file-sharing services (which are, of course, illegal). While it’s not unusual for an ISP to throttle your bandwidth if they catch you breaking the law in such a way, this does appear to be one of the first times that a company so openly noted further consequences as well.

https://www.digitaltrends.com/computing/isp-armstrong-zoom-pirating-lose-nest/
 
A direct consequence of the Net Neutrality Law removal. Here we go... Title 2 sounds good, now, doesn't it?
 
The letter continues, “Please be advised that this may affect other services which you may have connected to your internet service, such as the ability to control your thermostat remotely or video monitoring services.”

FUD.

All it means is that you would have to get up from your chair and adjust your thermostat. Of course, If you have forgotten how to do that along with "Copy and Paste" and other assorted necessary skills you could have trouble.
 
A direct consequence of the Net Neutrality Law removal. Here we go... Title 2 sounds good, now, doesn't it?
I'm no fan of the FCC decision, just your post is crying wolf when there is none. This is exactly what would happen now, or last year, or 5 years ago. When you lose internet connectivity at your home, you lose remote access to anything that uses that connectivity. If you cancel your internet do you expect to still be able to remote into your computer from work? Of course not.
 
I'm sorry @Krynn72, but here were the rules before:
LifeHacker:
1. Fail to deliver service that was advertised: If you were promised 20Mbps service and you find you’re usually only getting 5Mbps (through a service like Speedtest.net), your ISP has failed to provide you the service it advertised to you. This doesn’t mean your service can never go below an advertised speed.

2. Block or throttling legal content or devices: Your ISP is not allowed to block any otherwise legal content. It also can’t throttle your speeds based on the types of traffic or application you’re using. There are some allowances for “reasonable network management”, but even that definition is up for debate, so if it seems like your connection is being throttled, it’s better to report it anyway.

So, now under the loss of Net Neutrality, they CAN block any device and throttle your speeds. It used to be they would simply throttle the services (Filesharing, etc).

If I cancel my Internet service I am no longer paying for it on my own volition. If I have my service throttled, I'm still paying full price for virtually no service (under this circumstance).

Now, I plainly understand that if your are breaking the law then yes, they are allowed to block your traffic or stop your service - but only after being found guilty... this is still America. NOW, you only need to be suspected, a low bar with no recourse.

Let us not forget how Net Neutrality Laws were solidified:

In 2007, Comcast, the largest cable company in the US, was found to be blocking or severely delaying BitTorrent uploads on their network using a technique which involved creating 'reset' packets (TCP RST) that appeared to come from the other party.[38] An August 2007 report by TorrentFreak (based on substantial nationwide research led by chief researcher Andrew Norton) noted that ISPs had been throttling BitTorrent traffic for almost two years, since 2005, but Comcast was completely blocking it in at least some cases.[39] This was later verified by both the EFF[40] and Associated Press[41]. On March 27, 2008, Comcast and BitTorrent reached an agreement to work together on network traffic where Comcast was to adopt a protocol-neutral stance "as soon as the end of [2008]", and explore ways to "more effectively manage traffic on its network at peak times."[42] In December 2009, Comcast reached a proposed settlement of US$16 million, admitting no wrongdoing[43] and amounting to no more than US$16 per share.[44]

In August 2008, the FCC made its first Internet network management decision.[45] It voted 3-to-2 to uphold a complaint against Comcast ruling that it had illegally inhibited users of its high-speed Internet service from using file-sharing software because it throttled the bandwidth available to certain customers for video files to ensure that other customers had adequate bandwidth.[46][47] The FCC imposed no fine, but required Comcast to end such blocking in the year 2008, ordered Comcast to disclose the details of its network management practices within 30 days, submit a compliance plan for ending the offending practices by the end of the year, and disclose to the public the details of intended future practices. Then-FCC chairman Kevin J. Martin said the order was meant to set a precedent, that Internet providers and all communications companies could not prevent customers from using their networks the way they see fit, unless there is a good reason. In an interview Martin stated that "We are preserving the open character of the Internet" and "We are saying that network operators can't block people from getting access to any content and any applications." The case highlighted whether new legislation is needed to force Internet providers to maintain network neutrality, i.e., treat all usages of their networks equally. The legal complaint against Comcast was related to BitTorrent, software that is commonly used for downloading movies, television shows, music and software on the Internet.[48]

So, no, it was not like 'this' before.
 
Problem is not due to FCC regulation or lack there of. Problem is due to the Senate's anti-trust commission failing to stop Bell from reforming and going back to its old tricks. Problem is due to the same allowing ISPs to be both local, and local distance carriers. Problem is due to city councils and county boards allowing legal localized monopolies and setting policies that prevent alternatives from forming.

This problem is systemic, and organized theft of property like "Net Neutrality" rules were never the answer. You want to make the Internet a utility? Fine... make it a utility, I'd actually support that... but making something a utility means public investment in the thing to counter the restrictions placed on it. The rules before just mandated behavior without that investment, that makes it government sponsored theft.

Honestly, I cannot figure out why anyone supported those rules, they were technically awful, and ethically terrible.

Everyone would be very much up in arms if the government decided to order you to cut your lawns clockwise, and never any other pattern... that's basically what they did to ISPs.
 
@phaZed Man you don't need to convince me about the need for net neutrality, like I said I support it and am against the FCC decision and hope it gets over turned, or that NN gets made a law, or internet gets defined as a utility.

BUT, your arguments have nothing to do with this situation. ISPs have always been able to cancel your service for piracy. The article in the OP isn't talking about cancelling service for doing legal downloading. Just do a Google search and you'll find lots of people who got caught by their ISP for pirating and got their internet service cancelled, which obviously has the side effect of cutting you off from remote connectivity to your electronics. This has nothing to do with net neutrality being revoked, and is par for the course as it has been for years now.
 
@Krynn72 - Ya, I got ya. I think you miss the issue though. Proof of the offense is no longer required. It used to be that the ISP had to prove (by listing the offending downloads) the offense. Now, they do not require that.. you are simply able to be a "suspected" offender. So by what metric does that get validity? If a VPN is downloading 100's of GB's is that an "offense"? If a user simply has an active filesharing service - is that an offense?

Without rules in place, "anything" can be an offense as per the ISP's wishes.

Secondly, having your service cancelled by the ISP does not incur cancellation fees, while if they slow you down to 'nothing', and YOU cancel - you get to pay the cancellation fees. It also used to be that you had recourse through the law to fight any charges brought upon you... now, you don't.

This company isn't simply "cancelling" your service, they are openly bragging that they will throttle your entire internet service so much so that your Nest thermostat may not work... while you pay the full bill and if you so decide, the full cancellation fee.

SOPA and PIPA were struck down, and would have allowed for the behaviors you speak of.
 
So the idea of slowing you down when suspecting you are performing illegal file sharing is nothing new, and net neutrality didn't protect you against that. Not as far as I understood it. There are terms of service, and one of them being you are not allowed to violate US law when using their internet service. Piracy is a violation of a US law. Breaking the law and being punished for it is a bit different then something like throttling netflix for whatever crappy reason they come up with.

If you do not pirate, you shouldn't be punished. Also, I don't see anywhere in either the link posted, or information in this post, where it shows the grounds upon which an ISP does not have to provide evidence of the infringing acts?
 
@brandonkick US law states that you are innocent until proven guilty in a court of law. I fail to see where the court comes into play. Rather, the corporation is now the judge, jury and executioner(of your internet). Until you go to court and charges brought, the illegality of the issue is only hearsay of the accuser. That's America?

As previously noted, yes, TOS agreements give these companies some rights to curtail illegal activity under the DMCA, however, illegal activity should be reported to the authorities and there has always been some sort of recourse to fight the charges (as I have done and won on multiple occasions in the past against both Comcast and Verizon after being wrongfully accused). Also, in the past, it was customary to go after the distributors of such things, not the consumers.

Gigalaw - Guide to Internet Law
https://books.google.com/books?id=d...nepage&q=supreme court copying movies&f=false

You are welcome to point out where and when ISP's have slowed or terminated internet service without adhering to the CCI's Copyright Alert System. https://www.wired.com/images_blogs/threatlevel/2011/07/ispplan.pdf

Subsequent alerts may include notifications in the form of pop-ups or redirection to a special page displaying the alert. Failure to respond to these alerts will lead to additional steps designed to ensure that the account comes into compliance. These steps, referred to as “Mitigation Measures,” might 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. These steps will only be taken after multiple alerts and a failure by the subscriber to respond. This system consists of at least five alerts.

On a final note, If I download Arnold Schwarzenegger's movie "Total Recall" from an online source, I have not broken any copyright laws. I own the movie in physical form. As per the Supreme Court's Betamax decision in the 80's - copies for personal use and/or backups is perfectly legal. It's even legal to record full movies from HBO and the rest of TV without having physical copies.
How is an ISP going to verify that I am following the law? They won't, they will simply assume that I am stealing when I am not.
In fact, they HAVE made it illegal to break DVD encryption (but not to copy the movie) - so in order to follow the law, to make a legal copy, downloading the movie is actually more legal that sticking it in my DVD drive and deCSS'ing it.

Personally, I could care less.. everything on my connection is encrypted and VPN'ed and the DNS's are all changed.. so they can eat their heart out with Deep Packet Inspection and suck a fat one. I'm not pirate and I'm not really concerned with "Illegal Content", but if you don't see how this behavior is different and is a slippery slope into other areas of legitimate Internet usage - well, I must not be able to articulate well enough.

Also, I don't see anywhere in either the link posted, or information in this post, where it shows the grounds upon which an ISP does not have to provide evidence of the infringing acts?

...but the fact that Armstrong knows the consequences, and is still willing to shut down people’s internet without proper due process makes it all the worse.
http://bgr.com/2017/12/30/isp-piracy-letter-thermostat-issues-plz-no/

It's kinda the 'whole story' because this is a first.
 
As far as I was aware, you had the right to go to court and fight these accusations. Even if it starts out in a scenario where you are "throttled" or otherwise punished in some way, if they claim it is due to suspected illegal activity, you do have the right to take legal action. Whether or not it should be you initiating the legal process or the ISP, I'm not really debating here.... one would think it should be the ISP but again I do not see where there is some reason that litigation isn't possible in this scenario?

As an accuser, they would have the burden of providing sufficient evidence to convince a judge / jury that you are guilty of a crime in which they are allowed to modify, suspend or terminate your usage of their services. Do you know of any examples of where this was blocked in some why by the ISP?

It's not really any different than "fitting a description" and being detained by law enforcement until it can be proven you are guilty / innocent. Sure, it's not really "fair" to be detained if you've done nothing wrong... but "look" like the person who may have, but in the end the fact that you "look" like this person doesn't mean you are guilty. I've known people go through this, fit a description, get arrested, and then set free once they realized they had the wrong person or couldn't provide enough evidence to warrant them being put in jail.

I guess this is my confusion...

As I see net neutrality, the ISP is strong arming certain types of content providers in order to squeeze them for cash. Pay me, or I'll make your service unusable to your customers on my network.

Then we have another side where Comcast was blocking or throttling all torrent traffic, since a popular (but not even close to the only) activity was piracy. I remember blizzard distributing patches and updates through a torrent like client. I know that linux ISO's and other legal software ISO's can be downloaded through bitorrent. You can distribute a ton legal content, and do many other things so to plaster torrenting as piracy is just wrong. Now, if your going over any imposed data cap or caught doing anything illegal, then it makes sense they can use throttling as an intriem method of correcting the problem, as opposed to just dropping you cold turkey. In many areas, your lucky to have one good choice for high speed broadband internet. A one and your done system has you back in the stone age for internet access if your caught.

I guess I do agree that acting on suspicion is wrong, and they've done it before. However, if the repeal stands, it doesn't even have to be a legal issue. Comcast, or any other ISP, can simply say they no longer support torrenting on their network and be done with it. They don't have to accuse you of anything, with or without proof... they can just blanket it as being an unsupported service. And again, since most people are lucky to have one good high speed internet choice, what are you going to do?

I do feel that this activity of punishing based upon suspected behavior is "almost" outside of net neutrality. I remember getting letters from back in the day, one... IIRC, about a downloaded episode of southpark. They listed the time, the mac address, the ip address, the full file name and all that jazz... basically just a warning. Have you seen an instance where they have targeted individuals, and throttled them, without some sort of "warning" letter about the infringing activity? Seems like there is good evidence that they were doing this on a global scale, like with blocking torrenting, but I would be curious to see if they had ever done a case by case basis, throttled or punished otherwise, and made no contact with the suspected offender.
 
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