Case Study: interception of torrent traffic and what should we do about it

by Jelena Jovanovic

The study includes analysis of actual conflict of interest when it comes to the three rights - the right to privacy of communication, the right to protection of personal data and Copyright law.

These three groups of rights are the subject of analysis in the light of current legislation of the Republic of Serbia for the conflict that exists when using electronic communications for copyright infringement.
This conflict is particularly important when analyzing the conduct of Internet operator in Serbia, which retained the personal data about users and give them away in response to alleged copyright infringement. The presentation focuses on the treatment of ISPs, users and copyright holders, putting the emphasis on the shortcomings of the existing system of protection that inevitably manifests violation of the right to privacy of communication, and the right to protection of personal data. But what is really going on? Direct cause for this analysis is the behavior of Internet providers in the Republic of Serbia, who regularly send "warning letters" in which they state that "it was noticed that downloading certain files on the Internet is copyright infringement". To make threatening letter more obscure, as a source of information about the "unauthorized downloading" in their warning letters ISPs state that it is either agency, or law office representing collective copyright holders. Users are reminded to immediately delete the downloaded file from your computer (!).
Perhaps this treatment laity seems quite reasonable - someone who violates the law should be warned that his behaviour was noted, and will be appropriately sanctioned if they continue. But who here actually violate the laws of the Republic of Serbia: users, operators, copyright holders, or all together?
Presentation will show both legal and technical aspects of analysis. In Serbia file-sharers have been monitored closely by DRM agencies, and ISPs are prone to cooperate with them regardless of laws that regulate their fundamental obligations to Internet users. Also, this presentation will show which results we, concerned citizens, activists, tech people and lawyers, got when we presented our findings to higher (govt) instances. Some may call it whistleblowing, because it's clear pointing out to wrongdoings against us, interwebz. After the threats we received, and useless attempts to stop us talking about what's fair and what's nor, and especially after fines that ISPs in Serbia now have to pay because of lack of basic law abiding behaviour, the good assumption is that broader audience on BalCCon 2014 is ready to hear what is happening behind the back of internet users.

Right to privacy of electronic communications, personal data protection, copyright, internet operators, torrent traffic, interception.