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themarauder

join:2010-09-08
Chula Vista, CA

[CA] Internet Access Blocked Due to File Sharing

any ways around this?


cableguy619
Premium
join:2003-06-24
Chula Vista, CA

stop abusing it and if you share contact make sure its legal not copy righted music, games etc..

You gave them a reason to look at you



Simple

@cox.net
reply to themarauder

Don't break the law and the AUP you agreed to by sharing another person's copyrighted content?



No_Strings
Premium,MVM,Ex-Mod 2008-13
join:2001-11-22
The OC
kudos:6
reply to themarauder

OK, any helpful suggestions as in what's the official policy/steps required by Cox for service restoration?



60373562

join:2004-04-13
Glendale, AZ

1 edit

1 recommendation

You can either...

1. Remove the offending content and be transferred to a rep to restore service.

2. Send a letter advising them of an erroneous takedown notice, and that you are not sharing copyrighted material.

Then they have to prove you are sharing a copyrighted material beyond an IP and a filename.


themarauder

join:2010-09-08
Chula Vista, CA

thats just it, nothing locally is being shared which suggests that my inbound traffic is being monitored, this is something that i thought wasnt entirely legal



60373562

join:2004-04-13
Glendale, AZ

It's illegal for an ISP to monitor the contents of your data, not the protocol or destination.

However, 3rd parties connect to torrents for example and log offending IP's.

I'm curious if they even fully download the file to first verify it is actually copyrighted material, and not something malicious hidden in an aptly named file.


themarauder

join:2010-09-08
Chula Vista, CA

said by 60373562:

It's illegal for an ISP to monitor the contents of your data, not the protocol or destination.

However, 3rd parties connect to torrents for example and log offending IP's.

I'm curious if they even fully download the file to first verify it is actually copyrighted material, and not something malicious hidden in an aptly named file.
The message on screen mentioned the exact file name and thats whats bothering me, specific file names makes me think that the data contents are being monitored.


craig70130
Premium
join:2004-04-27
New Orleans, LA

If you are using torrents, once you start downloading something it usually automatically becomes shared to the world. That's where you probably got tagged.



60373562

join:2004-04-13
Glendale, AZ
reply to themarauder

That's a 3rd party working with MPAA/RIAA lawfirms. They download and monitor torrents also. So they know what filename and which IP(s).



Fubar16

join:2001-02-20
Phoenix, AZ
kudos:2
reply to 60373562

said by 60373562:

It's illegal for an ISP to monitor the contents of your data, not the protocol or destination.

However, 3rd parties connect to torrents for example and log offending IP's.

I'm curious if they even fully download the file to first verify it is actually copyrighted material, and not something malicious hidden in an aptly named file.
Cox is supplied the name of the file with the copyright infringement letter. Then they pass it on to you.


CoxTech1
VIP
join:2002-04-25
Chesapeake, VA
kudos:76
reply to themarauder

said by themarauder:

said by 60373562:

It's illegal for an ISP to monitor the contents of your data, not the protocol or destination.

However, 3rd parties connect to torrents for example and log offending IP's.

I'm curious if they even fully download the file to first verify it is actually copyrighted material, and not something malicious hidden in an aptly named file.
The message on screen mentioned the exact file name and thats whats bothering me, specific file names makes me think that the data contents are being monitored.
We don't monitor our network for this sort of thing. Basically the individual or organization that submitted the infringement complaint is alleging under penalty of perjury that they were using a file sharing program themselves and downloaded their copyrighted material from your IP address, the provided the relevant details such as the date, time, filename, hash, and protocol/program used.

I would check all the computers in your home to see if any of them have the file sharing program/protocol alleged to have been used, check for viruses, and ensure that if you have a wireless router that it's still secure.

If you want me to research this further for you please feel free to PM me the modem's MAC address.


stanley_qaz
Premium
join:2003-03-17
Gilbert, AZ

When you check your WiFi make sure you are using WPA at a minimum for security, WEP is only good enough to keep someone out for a few minutes.



60373562

join:2004-04-13
Glendale, AZ
reply to CoxTech1

said by CoxTech1:

said by themarauder:

said by 60373562:

It's illegal for an ISP to monitor the contents of your data, not the protocol or destination.

However, 3rd parties connect to torrents for example and log offending IP's.

I'm curious if they even fully download the file to first verify it is actually copyrighted material, and not something malicious hidden in an aptly named file.
The message on screen mentioned the exact file name and thats whats bothering me, specific file names makes me think that the data contents are being monitored.
We don't monitor our network for this sort of thing. Basically the individual or organization that submitted the infringement complaint is alleging under penalty of perjury that they were using a file sharing program themselves and downloaded their copyrighted material from your IP address, the provided the relevant details such as the date, time, filename, hash, and protocol/program used.
So an actual packet capture isn't required?

Because if there was a packet capture, couldn't it be cross-referenced against the ISP to verify that the packet in question transmitting copyrighted material originated from that IP and the checksum of the packet?


CoxTech1
VIP
join:2002-04-25
Chesapeake, VA
kudos:76

No, the only data that is captured is by the complainant. If the individual or group submitting the infringement complaint attests under penalty of perjury that they are filing the complaint in good faith that is sufficient for our needs. By submitting the complaint under penalty of perjury they are allowing themselves to be legally liable for any false or malicious claims of infringement.



60373562

join:2004-04-13
Glendale, AZ

Right, I understand that. You are trusting them because otherwise they would be guilty of perjury.

I only ask to be informed of what information they are required to obtain/submit. And well, without an actual packet capture they have no *REAL* evidence.

So therefor they have no leg to stand on. Which means I and others like me would feel quite confident sending Cox a wrongful takedown notice.

My main question is, if we send you the proper documents contesting the takedown notice then does the 3-strike policy for our internet account still stand?

Because as I see it, at this point Cox is now indemnified. Making it a private legal matter between the complainant and myself.

As such, my service should not be suspended without legal cause.



CoxTech1
VIP
join:2002-04-25
Chesapeake, VA
kudos:76

There is no 3 strikes policy and the suspension of service is not a legal matter. The information concerning what is necessary to file an abuse claim along with how to file a counter-claim can be found here:

»www.cox.com/policy



60373562

join:2004-04-13
Glendale, AZ

Cox® High Speed Internet Acceptable Use Policy
Violation of any term of this AUP may result in the immediate suspension or termination of either your access to the Service and/or your Cox account.
10. Viruses, Trojan Horses, Worms and Denial of Service Attacks.

...We may suspend the Service if we detect a harmful program in order to allow you to take measures to stop the harmful program.
If Cox detects a harmful program? Wouldn't the only way to do that involve actively inspecting my data? Seems like a no-no. However if by detect you mean recieve complaints then wouldn't it make more sense to say that?

12. Bandwidth, Data Storage and Other Limitations.

...Cox may suspend the Service or require you to upgrade the Service to a higher package and/or pay additional fees.
Terms and Conditions
Your Obligations:
...

4. Assume complete responsibility for improper use, damage or loss of any equipment furnished by Cox. You shall only use the equipment and Services in accordance with the Cox terms and conditions and in a manner that complies with applicable laws and regulations. If You use the Services or equipment in a manner that violates the Cox terms and conditions or applicable laws and regulations, then Cox shall have the right to immediately restrict, suspend, or terminate your Services, without liability on the part of Cox.
So Cox doesn't have a 3-strike policy now that in effect would prevent customers from receiving service through them in the future?

And suspending service isn't a legal matter? How is suspending service not a legal matter? I'm confused by this.


CoxTech1
VIP
join:2002-04-25
Chesapeake, VA
kudos:76

Virus activity is usually discovered by way of complaints received concerning suspicious or malicious activity originating from a Cox subscriber.

No, suspending service isn't a legal matter. The only time the acceptable use policy and it's enforcement becomes a legal matter is if law enforcement or the judicial system get involved.



60373562

join:2004-04-13
Glendale, AZ

So does this mean Cox reserves the right to terminate or suspend service at any time for any reason?

Or only under the two (2) conditions as outlined in the HSI AUP, and the one (1) legal condition as outlined under the T&C.

The legal condition being that of a regulatory affair, where you suspend service without the courts becoming involved.

(Sidenote: You say Law Enforcement, and Judicial System as if they are separate. Does this mean Cox cooperates with Law Enfocement personnel without court order?)



CoxTech1
VIP
join:2002-04-25
Chesapeake, VA
kudos:76

said by 60373562:

So does this mean Cox reserves the right to terminate or suspend service at any time for any reason?
Yes, there is no law requiring any individual to purchase service (except for health care but I won't go there), nor is there any law requiring that service be provided. Unfortunately there have been a few extremely rare cases where we have had to deny service although not necessarily for AUP reasons or Internet for that matter.


60373562

join:2004-04-13
Glendale, AZ

Would you be willing to forward the next question(s) to your legal department. Or would I need to send them notice/affidavit at a provided address to have my questions answered by them?

Essentially is Cox's stance that...

Broadband is not a right but a priviledge.
Cox may terminate service at will and deny service at will.

Are there any legal exclusions to this?

I find it hard to believe that you may simply terminate service "just because".



CoxTech1
VIP
join:2002-04-25
Chesapeake, VA
kudos:76

Yes, the terms of service stipulate that the customer or the provider may terminate service without cause however we're in the business of selling service and would rather continue to do so.

As I mentioned before there is no law requiring that a customer purchase service nor is there a law requiring that service be provided.



60373562

join:2004-04-13
Glendale, AZ

You are correct, however there are laws on how service must be offered equally.

Meaning you can't discriminate against your customers.



CoxTech1
VIP
join:2002-04-25
Chesapeake, VA
kudos:76

This is true. As long as you aren't discriminating against a legally defined class anybody can reserve the right to refuse service. We would rather not refuse service however this point is being made with regards how it's not a legal matter to suspend or terminate service. In the unfortunate even that service is terminated for any reason the only obligation that remains is to settle any balance that may exist on the account.



sgfdgeyty

@cox.net
reply to themarauder

I disagree at least in part see Virginia Beach, Va Sandler properties. You sold combined services to the entire community forcing customers to pay for services they don't want now whether thats you or the HOA.



CoxTech1
VIP
join:2002-04-25
Chesapeake, VA
kudos:76

1 recommendation

That's a different matter. The HOA has decided to include services as part of the maintenance fees they provide. In this case it was done by entering into a bulk service contract with the provider of their choosing. This is no different from any other service they may provide such as landscaping, swimming pools, fitness facilities, etc. They're pretty much included whether or not you want to use them. I would consult with your HOA for further information regarding this particular situation.