My Internet service provider e-mailed us and said that if they find out we are downloading copyrighted material such as MP3's or Movie files they will cancel our subscription.
The Questions
How do they know that I am downloading MP3's?
How do they know it's copyrighted?
Can they actually detect it?
Can I get around it?

Yes and no.

I doubt they would be monitoring your connection to see exacly what you were doneloading.


It is more likely however that they are talking about, that if they get a complaint from the RIAA (yes they have probes looking for mp3s) you will loose your service.

If there were alternate ISPs I would not care. If they catch me, which is remote, I can just get another ISP.
But if it's the only broadband in town, I might be a litttle bit more carefull.

It's likely your ISP's statement is a legally motivated disclaimer much like the "I certify that I'm over 18" entrance buttons on porn sites. They need to show they don't approve of copyright infringement. They aren't likely to be enthusiastic investigators of their clients, however...how's this sound for a marketing slogan, "Order Earthlink DSL and we'll read through your e-mails and monitor your downloads"?

Everything you download is likely to be copyrighted, from this post, to almost every web page you visit, including the one from your ISP.

Ask your ISP:

"You said that I'm not allowed to download copyrighted material."

"Why are you prohibiting me from downloading and viewing your copyrighted support web pages and almost all other web pages on the internet?"

"How are you montioring the activity of my connection to determine what I'm doing? Do you collect, sell or disclose information about which web sites I visit or which friends I send family pictures or any other type of file to anyone?"

"I consider it a major privacy violation for you to monitor what I'm sending and receiving over my connection. How do I opt out of this?"

Regrettably, it seems they failed to distinguish between allowed use of copyrighted materials, fair use of copyrighted materials, civil copyright-infringing and criminal breach of copyright.

Don't actually ask them. It'd be inviting trouble you don't need.

Short statement: A ISP is wrong to cancel subscriptions... if a court says, it's okay.

They cant see what you are downloading , they can however see that you are downloading .

They didn't see that you downloaded copyrighted material but they saw you used up allot of bandwidht fixed around one port (your LW port)
Wich suggests file-sharing programs .

That's why you got those warnings .

And technically they can't do sh!t , because as long as you do not cross the agreement on upload/download limits (how much GB you can send or receive and such) you haven't done anything wrong by using up bandwidht around one port .

Even if they found out what you were doing they don't have a foot to stand on because legally ISP's can't spy on the content of user's data .
Not to mention the technical side of trying to find out what somebody is up/downloading , you would need some serious illigal hacker stuff to get inside of someones connection .

Unfortunatly, an ISP is entirely capable of seeing exactly what you are downloading and uploading, it all goes through their linkup, afterall. Whether or not they will bother, and whether or not they have a legal right to do so without charges having been made and that sort of thing, is an entirely different question, but if they try, it isn't gonna be too hard. It doesn't take anything fancy to see what, exactly what, someone inthe same LAN as you is doing. It is rather disturbing to see one's ICQ chat appearing on your roommates computer. ISPs, believe me, can see exactly what you do unless it is encrypted.

FreeNet! Yea!