How Charter Communications warns accused file sharers

AT&T made news last month for acknowledging that it had begun sending warning notices to customers accused of illegal file sharing by the music industry.

Executives from the nation's largest Internet service provider said the notices were only part of a test. The company could have saved itself some trouble and just asked the advice of Charter Communications. Much of what AT&T is experimenting with, Charter has been doing for years.

AT&T said it only recently began issuing "cover letters" to customers accused of downloading unauthorized material. These cover letters accompany the cease-and-desist letters it receives from the music industry. The ISP acknowledged notifying customers the company has the right to cut off someone's service, but executives there insisted that it's only legal boilerplate. The company has no intention of suspending or terminating anyone's service because the Recording Industry Association of America has accused them of file sharing. AT&T would need a court order first.

By contrast, a Charter spokeswoman said that ISP has been sending its own warning letters--or what she called a "heads-up" letter--since 2001. Charter's notification is sent in addition to the warning letters sent by copyright owners. A music industry source told me that while the RIAA is trying to prod some ISPs to do more to combat piracy, other ISPs adopted strategies years ago to deal with illegal file sharing. Some of those programs closely resemble the kind of graduated response the music industry favors.

What this shows is that the music and film industries may not have too hard a time as they attempt to enlist ISPs in their war on copyright infringement (To see a story on whether piracy has reached a tipping point, go here).

I still haven't been able to get my hands on a copy of AT&T's test cover letter, but a reader was kind enough to supply me with a warning letter he received this month from Charter. He was accused of downloading content owned by NBC Universal.

While AT&T said the language in its cover letter about service interruption or termination had little relevance, Charter's letter doesn't mince words.

"Charter reserves the right to suspend or terminate the accounts of repeat copyright infringers," the company informed the customer in the April 4 e-mail. Later in the message, the company added: "If Charter continues to receive DMCA notices regarding your account or if you violate any other clause of Charter's Acceptable Use Policy, we will have no choice but to terminate your account."

Anita Lamont, a Charter spokeswoman, said this kind of language is industry standard.

"The warning of possible suspension/termination is required by the DMCA," Lamont wrote me. "Our DMCA notice reminds our subscribers of the requirements of our posted acceptable use policy."

She didn't, however, say whether the company has made good on the threat to terminate service.

I've included the copy of Charter's letter so customers of AT&T and other ISPs preparing to follow in its footsteps can get a look at what might be coming (Note that I've deleted identifying information).