_{For all its punitive provisions, even the RIAA admits SOPA would have been "ineffective" at fighting piracy. [Image Source: Realising Designs]}

Of course the "best practices" as the RIAA sees them would essentially mean Google handing it a blank check for internet censorship.  The RIAA is upset that Google wishes to independently review requests for integrity, viewing such accountability as "resistance" to its anti-piracy edicts.

II. Six-Strikes Plan Sneaks in Internet Disconnections

As previously stated, the RIAA appears to have viewed SOPA as an ineffective instrument -- well, behind closed doors, at least.  But it did offer praise to SOPA for elevating the "important principle regarding intermediary responsibility."

"Intermediary responsibility" is the term the RIAA uses to describe policing by internet service providers, either by warning file-sharing users or by blocking pro-infringement sites, such as The Pirate Bay.

Following the death of SOPA, the RIAA is pushing for a "six strikes" plan voluntarily adopted by ISPs.  

Thus far Time Warner Cable (TWC), Comcast Corp. (CMCSA), and Verizon Wireless -- a joint venture between Verizon Communications Inc. (VZ) and Vodafone Group Plc. (LON:VOD) -- have all agreed to implement the plan.

Under the scheme, the ISP partners would send warnings to users caught file-sharing.  As users received progressively more warnings they would face consequences, including:

• throttling (temporary)
• service tier downgrade (temporary)
• redirection to landing page until subscriber contacts ISP
• restriction of Internet access (temporary)
• redirection until subscriber completes meaningful education on copyright

Booting file-sharing users off the internet -- a controversial provision of many "strikes" plans -- is not listed as a current pillar of the plan, but it is included in a sneaky manner.

While the Memorandum of Understanding does not call for terminations, the letter mentions that ISPs in the U.S. must have a "termination policy for repeat infringers" in order to receive Safe Harbor protections under the Digital Millennium Copyright Act (DMCA) [PDF], which modified Title 17 of the U.S. Code.

In other words the RIAA says that it's not asking to disconnect users, though it casually mentions that the law requires that.  Likewise the ISPs can say they aren't bowing to RIAA request, but rather to U.S. Code.  Of course the RIAA was a key lobbying force in passing that change to the U.S. Code, so at the end of the day the RIAA rhetoric is nothing more than a clever public relations ploy.

Under the six-strikes plan the RIAA would graciously allow users to pay $35 to receive a review that would look at whether the infringing file could have been protected due to "fair use" rules, "pre-1923" (public domain) status, or account misidentification/hijacking incidents.