Canadian ISPs Reject Calls To Identify Music File 'Uploaders'

by Glen Shapiro, LawAndTax-News.com, New York

16 March 2004

Five of Canada's largest high speed internet service providers (ISPs) are resisting attempts by the Canadian Recording Industry Association (CRIA) to force them to identify customers accused of illegally uploading copyrighted music files to file sharing services such as Kazaa and iMesh.

The CRIA last week requested a federal court order to force the ISPs to reveal the names and addresses of 29 alleged uploaders, arguing that without such evidence, the music industry will be essentially "stopped in its tracks" when it comes to protecting its copyright.

However, the ISPs in question have accused the CRIA of planning an extended "fishing trip", and of planning to utilise the same scare tactics as the Recording Industry Association of America (RIAA); namely forcing file sharers into making costly settlements in order to avoid trial.

According to a report in the Toronto Star at the weekend, Shaw Cable, which is leading the fightback, has argued that it has a duty to protect the privacy of its customers, and that it should not be forced, at its own expense, to become a "private investigator" for the Canadian music industry.

The firm also suggested that due to its data retention policies and the design of its network, it would not be able to "reliably" comply with a court order such as that requested by the CRIA, even if it wanted to.

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