Thousands of end-users could be identified
The latest crackdown on dodgy boxes here in Ireland has seen ten resellers hit with legal notices for illegally distributing content to thousands of users across the state. These resellers have been ordered to immediately shut down or face civil and potential criminal proceedings, which could result in thousands of their users being identified.
Cease-and-desist letters were issued to resellers in Carlow, Cork, Dublin, Kildare, Galway, Laois and Limerick in recent days after they were identified by Sky and the Federation Against Copyright Theft (FACT). Four were issued to resellers in the capital, with one person in each of the remaining counties identified through the investigations.
This latest enforcement campaign focuses on the supply of illegal subscriptions to demonstrate that resellers will face investigation and legal action. While this campaign is targeting resellers, court proceedings in similar cases have identified end users and issued legal notices.
In September of last year, Sky obtained a High Court order requiring Revolut to disclose the details of 304 subscribers and 10 resellers linked to the illegal streaming service IPTV is Easy. Sky subsequently issued cease-and-desist letters to around 200 individuals who had paid for unlawful subscriptions.
These letters included a warning to users as well as a ‘legally binding promise’ for users to sign, stating they would never use Internet Protocol TV services again. Users were warned that they could face ‘firm action’ if they refused to comply, and that signing the agreement would allow them to avoid appearing before the courts, where they could face paying damages and hefty legal fees.
As users were identified using personal information obtained from the courts rather than a technical solution, it’s unlikely that Sky can confirm whether individuals have stopped using the service. However, if users switch to another illegal streaming provider who later gets caught, their data could be collected again and used to prove they ignored the initial legal letter.
Nick Sumner, FACT Investigation Manager, said: “Illegal streaming depends on a chain of people who promote, sell and provide access to unauthorised content. This latest campaign shows that we will continue targeting every part of that chain.
“Resellers are often the direct link between illegal streaming operations and members of the public. They sell subscriptions locally through personal recommendations, social media and messaging services, while exposing customers to unreliable services and wider risks involving fraud, malware and the misuse of personal information.
“The individuals targeted have been given an opportunity to stop their illegal activity. Those who fail to comply should be under no illusion: the next step could involve civil legal action or referral to the Gardaí.”
It is estimated that around 400,000 households across the country use illegal streaming services. People can pay as little as €40 or €50 per year for the modified device, which allows users to access different streaming platforms at no additional cost.
Since January of this year, Sky has been in discussions with the Data Protection Commission, the watchdog that covers the collection and use of personal data in Ireland, on how it can use information collected from a range of sources to target piracy networks, the providers of illegal streaming devices and their end users
Requests have also been made for the Government to fast-track a ‘penalty points’ style system, which has already been implemented in countries like Italy.
The system would work like this: Gardaí raid a distributor or seller and seize information and databases, such as subscriber lists or WhatsApp groups. After confirmation of names and addresses, these customers can then be sent a fine in the post, as if they had been caught speeding or littering.
Similar systems are already in use in other EU nations, with users in Italy hit with fines of between €154 and €5,000 as part of a crackdown earlier this year.
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