Why I Joined the Copyright Alert System Advisory Board
Why I Joined the Copyright Alert System Advisory Board
Why I Joined the Copyright Alert System Advisory Board

    Get Involved Today

    After a great deal of consideration and consultation with my
    colleagues inside and outside of Public Knowledge, I have decided to accept a
    position on the advisory board of the Center for Copyright Information (CCI),
    which will oversee a “copyright alert” system to be rolled out later this year.

    This copyright alert system, a voluntary agreement between
    the largest ISPs and content companies, will send notices to alleged infringers
    using peer-to-peer networks in order to educate them about copyright and legal
    alternatives.  The system also provides
    for a process by which consumers can fight these allegations. 

    I believe that if implemented properly, the copyright alert system could have a positive impact on illegal file sharing while at the same time protecting Internet users’ rights.  Some work remains in order for the system to be a net positive, but rarely do things come out perfect at the start.

    More specifically, here’s why I’m participating:

    The Advisory Board Needs
    an Advocate for Balanced Copyright

    I see my role as a consumer “watchdog”; a liaison with the
    internet community that has pronounced its concern about the relentless march
    towards misguided copyright enforcement embodied in SOPA and PIPA. 

    Because there were no other members of the Advisory Board
    with extensive experience in copyright policy advocacy on behalf of consumers, Public
    Knowledge and I decided that we could have more impact by working with the copyright
    alert system and actually providing input on behalf of ourselves and the
    Internet community, rather than guessing and complaining from the outside. 

    I plan to keep you apprised of what is happening with the copyright
    alert system and reflect the public’s concerns in my role on the advisory

    This includes pushing for the release of data about the
    copyright alert system: How many notices were sent?  How many people got two notices, three, four,
    five, six?  How many appeals were
    made?  Were any requests for waivers of
    the appeals fee denied?  How many appeals
    were successful?  

    The System Has
    Built-In Balance

    ISPs are in the business of making money, a goal that is not
    furthered by kicking paying customers off of their networks. This is

    I’ve been doing copyright policy advocacy long enough to
    know that the movie and music studios care mostly about punishment, punishment,
    and more punishment when it comes to copyright.   But the copyright alert system is the
    product of a mutual agreement between the content industry and ISPs, who are
    equal partners in the endeavor. Therefore, this system has a built-in
    protection against overreach.

    The advisory board will also serve as a balancing
    force.  As Ars Technica has noted,  I (and possibly others) will be quick to blow
    the whistle if things go awry, and of course, resignation is always an option.

    A Successful Copyright
    Alert System Undermines the Case for the Next SOPA/PIPA

    If the notices in the copyright alert system do in fact
    deter illegal conduct, it makes it harder for the content industries to argue
    that they need more legislative and policy tools to increase copyright

    I’ve spent the last 10 years of my life fighting numerous domestic and international efforts by the motion
    picture and recording industries to strengthen and lengthen copyright and its
    enforcement. The copyright alert system could undercut the never-ending plea
    that Congress “has to do something” about copyright enforcement.

    Jill Lesser Gets It

    It’s time the public understood copyright not by scolding
    and punishment, but by facts and access to legal alternatives.

    Jill Lesser, the Executive Director of the CCI, has
    experience on all three sides represented here – ISP, content and consumer. In
    my recent conversations with her, I have been struck by her thoughtfulness
    about copyright policy and the passion with which she would like to use this
    platform to provide balanced education to consumers.

    Moving Forward

    Public Knowledge will continue to vigorously resist efforts
    at stronger copyright laws and we will continue to push solutions that bring
    balance back to copyright through our Internet Blueprint project.  We’ll also continue to fight for an open
    Internet and competitive broadband market.

    At the same time, I will work with my colleagues among the
    ISPs and studios on behalf of consumers in the hope that the copyright alert
    system will become a success, because ultimately, consumers and creators will
    benefit if this system works.