said by equazcion1:
The OP is referring to "Six Strikes" ... in response to the question, it looks to me like privatized lawmaking. ISPs and copyright holders have teamed up to make a new police force that does an end-run around congress. I think it'll be struck down, hopefully soon.
Would that it were so simple; but I doubt that it will be "struck down". Six Strikes is not a criminal law process. It is a civil law process allowing an interested third party (agent of the MAFIAA) to file an abuse complaint (violation of ToS) with a participating ISP (only five at this time).
The customer will get DMCA notices, as before, but participating ISPs will take some unspecified (mostly guesses now) mitigating action against their customers after the fifth and sixth strikes. As matters currently stand, it appears that infringing activity beyond the sixth strike will not incur any further mitigation attempts by the ISPs.
However, there is nothing in the "Six Strikes" policy to preclude MAFIAA agents from filing legal action as civil torts, or ISPs from revealing customer contact under civil subpoena. I am guessing that "Six Strikes" exists in hopes of scaring the rubes straight, while building evidence of "frame of mind" as a counter to the "Who, me?" defense if the MAFIAA should decide to press civil action.
I expect that most users repeatedly accused of infringing activity will either stop before the sixth strike, or learn how to infringe without attracting attention to their activity. It should have a barely perceptible impact on piracy, due to Usenet and VPNs.--
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum