Yesterday, we directed your attention to a report that stated Cox is using a "three strikes and you're out" policy to disconnect users who receive multiple DMCA copyright warnings. Cox saw the blogging buzz about their policy, and wanted a chance to comment on the public reaction. "I came across your blog post about Cox’s DMCA policies and I’d like to share some additional information with you to help shed some light on how we handle DMCA complaints," says Cox public relations official David Deliman.

Deliman says that to characterize this as a "three strikes and you’re out" policy "doesn’t reflect the true process" because there's ample warning. As you might expect, Deliman portrays the policy more as a public service effort on Cox's part, saying that in many cases (he raises the example of an inattentive parent), "the customer doesn't even know that the illegal material is on their computer."

"This notification is the most helpful thing we can do for the customer," he says. "If they don’t realize the RIAA or another organization has identified them as possibly infringing on their copyrights, they might get sued instead," he claims.

Cox also insists that the program impacts only a tiny fraction of the Cox customer base. The cable company has sent hundreds of thousands of warnings to customers, but have only had to terminate the accounts of less than one-tenth of 1% of all users. That's because if the initial e-mail notification doesn't work, customers almost always respond when they're placed in a "walled garden."

Cox was among the first ISPs to use malware walled gardens to cordon infected users off from the Internet at large until they've cleaned their PC. But by utilizing the same method at the behest of the entertainment industry to tackle pirates (given the DMCA only requires user notification) Cox is voluntarily doing more than necessary while adding to their own support costs. Why? Scaring teenage kids probably helps trim P2P traffic.

This was an anti-congestion tactic a Comcast insider told me the nation's largest cable company was also considering, though Comcast public relations denied any such plans when asked over the phone. The entertainment industry has been pushing ISPs to become piracy police (most recently arguing P2P is as bad as spam and viruses), and apparently some cable operators see this as a perfect opportunity to ease congestion on their networks.

Still, Deliman insists that Cox doesn't tread lightly into that DMCA-enforcing night. "Please know that we work with customers extensively to help educate them about copyright laws and action is not taken lightly," he says. "In no way do we see ourselves as Internet police, and we make every effort to keep our customers online."

While that's well and good, it still doesn't explain why Cox has to mislead consumers. Their warning to customers insists that under the DMCA, "we have the responsibility to temporarily disable your Internet access." Again, the DMCA only requires that ISPs forward DMCA warnings on to customers -- Cox's decision to inundate their support staff with the task of P2P policing is voluntary.