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Comments
@24khost
Was that a joke?
I don't search for copyright violations, for example. I don't look for them, don't look for things generally used to violate them. I respond when I get a DMCA. A datacenter should have no issue unless the reports are repeatedly about the same thing from the same source. They should be aware that you have multiple clients and that each DMCA should be treated as an individual occurrence unless referencing the same IP repeatedly for the same thing. Are people not communicating with their datacenters? I always keep mine in the loop and respond within minutes. Is this really not normal?
@anthonysmith - umm, not sure about that statement of "Data you choose to put on a VPS is not covered by the DPA folks". Certainly in the UK the DPA applies to that data. Why would it not?
I also expect the same standard of data protection if a provider is claiming "safe harbour" in the US.
@spycrab101 not a joke the truth. Just cause they don't scan doesn't mean they shouldn't. There tos which I am looking at right now says they have power to do whatever they want.
Why aren't you using them ?
Also I find it odd their TOS/Conditions are only viewable as PDF, but for that matter they do not say whether or not they pro-actively check accounts (I would presume they do, since they're not saying they don't).
Also I'm not sure what French/EU laws are but I assume that if they ended up shutting down your VPS for pirated content, are you going to open a thread saying that OVH violated "EU Data Protection Law"? (if there's even such a thing).
You're using the strawman argument basically, you got caught, argued about it and lost, live with it.
This is a fun thread.
@kbeezie
If they had shut it down and had legal proof (actual complaint from a copyright holder and not just a hunch) then I would be fine with that.
ServerDragon is in the USA, not the UK.
@spycrab101 said: OVH seem to not spy on customers and respect the law. I think they are one of the biggest providers in the Dedi/VPS market.
OVH preinstalls a monitoring tool on their dedicated servers. It monitors processes and ports, kernel version and so on. I'd say that's pretty invasive.
This, even in their own general term:
While they do abide by the Data Protection Act, by forming a contract with them to use their service, you are giving them consent to do what they need. So you're already giving consent the moment you sign up for a service.
@W1V_Lee speak to the DPA office ( http://www.ico.gov.uk/for_organisations/data_protection/notification/need_to_notify.aspx )
in order for the DPA laws to even apply you have to come under their jurisdiction in the first place which in the UK as webhosts you do not, unless you intend to share customer data with a third party or use the data for promotion of products that are not your own they simply don't care.
I am not saying that some Laws will not cover it but the DPA is not the one, with any service related industry when giving customers access to equipment you are entitled to protect yourself that is all that has happened here.
The be held liable under the DPA you first need to register with the ICO, when I tried they rejected my application stating I was not required under my business model to control information under DPA.
In simple terms the DPA is not for protection of DATA in the terms of bits and bytes, it is for personal data such as name address, etc, the bits and bytes data is covered more under 'intellectual property' which the DPA ICO do not govern
Edit: and if the OP thinks I am wrong then no point in taking my word for it contact the DPA ICO they will take the case on for free if a violation has occurred, I think it is a safe bet that SD is not registered with the ICO anyway though and the worst that would happen with that in mind is they would make SD register.
Pirated content is strictly prohibited under the French HADOPI law, which carries heavy penalties.
As to the UK DPA, the "Data Controller" has the right to monitor, manage, and read any data made available to him. If SD were a UK company, their "Data Controller" is exclusively permitted to scan your files if (s)he wishes, and upon finding anything illegal, is permitted to act upon it under the exemptions made clear in Section 55.
[While that is not covering all aspects of the DPA, I don't have the time to explain it in full.]
In other words the OP's own argument is pretty much nil, if it were even in existance in the US. Since the observation of the data and actions never went outside of ServerDragon's staff.
Fair point, I was generalising too much but meaning personal data rather than the things I actually put on the VPS itself.
Agreed, but I was covering the stance of even if the OP was being right about a DPA breach.
Though, being a US company - DPA means nothing for SecureDragon anyway.
Course he did managed to make it into 4 pages of providers bickering at each other going "Why I'd never..." :P
Actually all I saw was praise toward the provider, hate toward the client, thus why I chose to make the alternative case rather than watch this become encouragement to other young providers.
Well if we are role playing and saying that a DPA breach had happened then yes SD would not be affected as they are not covered by and DPA, however my earlier comment about "Safe Harbour" would say they were covered.
Not really sure how popular or seriously Safe Harbour is viewed in the US though, I see a lot of hosts displaying the seal.
I actually thought the service was great until I found out about how they deal with abuse issues. Shame it had to come to this really.
Isn't Safe Harbour just mainly for liability to the service provider and not so much about protecting the privacy of the person the service is provided to?
Please just stop. Go get a new provider
:P You haven't been doing your homework basically, 99% of the providers out there do some form of proactive monitoring to prevent abuses, the main ones that don't tend to be fly-by-night providers.
@spycrab101 KuJoe is against anything at all illegal running on his servers, that's his choice, just find a different host and respect that.
There are providers that don't care if you torrent/usenet until you start getting DCMAs or causing i/o trouble on the box. Going to be pretty damn hard to get a DCMA using usenet...
I think it's hilarious that everyone's jumping down this guy's throat, like they themselves don't illegally download movies/music/something.
Preferably one in Antigua. And even then make sure to read and understand the ToS before ordering. The whole ToS.
I mean... when you miss Dexter, what are you gonna do? Wait 24 hours for iTunes? I can't avoid conversations and facebook for 24 hours :P
@Kairus
Still doesn't excuse him for providing me with $1 refund as a joke.
Hypothetically... if one does... it's not on another provider, or in violation of said provider.
And actually I don't think people actually got down his throat as much for the action itself, but for violating the terms.
Obviously everybody does some degree of monitoring. But I seriously doubt the majority of providers scan for sabnzbd. In fact i think it's a bit on the too-safe side, and it's too bad there is no good way to tell where the provider draws the line (for both providers and customers).
@kbeezie - It's supposed to offer the equivalent protection on the protection of personal data as you would expect in the EU. But ultimately we are going off in a tangent with it in this post.
Basically if say vpsnodebox was offering safe harbour then I should be able to expect that you will manage and protect my personal information at the same standard as expected in the EU (most of it). But this would apply to say the information I use to sign up for a service with you, just what identifies me really.
But yeah /offtopic
@averell
Port monitoring would be a good idea? If theres >50GB of traffic passing over port 119 you know something odd is up.