Pat Pilcher: File sharing arms race commences

Photo / Richard Robinson

Opinion

The battle between online file-sharers, governments and content providers looks set to intensify with the looming launch of Section 92a.

Under the new laws, ISPs will soon be charged with monitoring and administering the act, resulting in repeat copyright infringers being disconnected and potentially fined.

For file sharers ideologically opposed to the laws, effective digital counter-measures are set to rapidly become the order of the day.

Leading the charge has been bitorrent tracker site, thePirateBay.org, who have finally moved their IPREDATOR virtual private network (VPN) offering, out of semi private beta, to make it available publicly.

Available on a subscription basis for 149 Swedish Kroners (approx NZ$29 per 3 months), iPredator provides an encrypted link between subscribers and the internet which allows the user to "tunnel' data through iPredator servers.

The subscriber's IP address (which can be used for purposes of prosecution) remains hidden, revealing only a second IP address which is provided by iPredator.

Not only does iPredator stand to hinder monitoring agencies charged with tracking copyright infringing downloads from finding the identity of the individual's IP address, but it'll also force monitoring agencies to develop their own counter measures in order to effectively enforce Section 92a.

Whilst other pay to use VPNs already exist and offer similar levels of encryption and IP address security, ThePirateBay are hoping that iPredator's lack of data logging or retention of user details will provide them with a unique selling point.

Because of this, iPredator subscribers stand to theoretically be beyond reach of prosecution should the entertainment industry or law enforcement agencies obtain ThePirateBay's business records through legal means.

iPredators move out of beta to a publicly available offering looks set to kick start a digital arms race between file sharers and regulators as nimble private enterprises and individuals develop new measures to defeat monitoring agencies who will also be seeking to do likewise.

The key question going forwards however will be one of can ISPs and monitoring agencies move fast enough to develop appropriate enforcement capabilities? Should this not prove to be the case, section 92a could be rendered obsolete before it passes into law.