Experienced, knowledgeable staff

Transcription

1 May 2010

2 FACT years of copyright protection on behalf of the UK audiovisual sector Extensive change and innovation since 2006 Best known and most respected industry enforcement body of its kind in the UK Excellent relationships forged with public enforcement agencies and within the criminal justice system Strong skill-set of its staff in the field and in the online environment High-quality intelligence-led investigations and operations result in a high level of successful prosecutions Major reduction in UK camcording as a result of cinema operator training Participation in pan industry lobbying and public communications initiatives as part of the sector s multi-pronged anti-piracy strategy

3 Experienced, knowledgeable staff Vast operational experience Intelligence analysts to provide intelligence products that inform new and ongoing investigations Internet investigators with covert infiltration capabilities Forensic and other technical examination capabilities Dedicated ISP liaison and co-operation resource Professional service and outcomes has led to recognition of FACT as a prosecuting authority in its own right Legal expertise in relation to the criminal law and criminal justice system, while civil action kept under consideration as an alternative UK-wide and international law enforcement liaison and partnership working Financial investigators to pursue and seize criminal assets

4 Intelligence at the hub All parts working seamlessly Field Investigation External agency liaison Managing operations Statements Raids Internet Investigation Evidential packages Intelligence gathering Intelligence Unit Evaluate/collate/analyse information Identify trends/hotspots/ subjects Create intelligence packages Field Intelligence Officers Initial covert observations Intelligence gathering Financial Investigation FACT Forensics Proceeds of crime Intelligence gathering Technical examination of discs and computers Intelligence gathering

5 Results Over 570 criminal convictions in 2009 (to date) includes: 16 deportations 5 confiscation orders totalling 645k 2,246 cyberlocker links removed (in 2010) Over 80,000 items removed from auction sites & over 20 sellers suspended (2010) Strongest ever UK sentencing for counterfeiting: 4 men total of 18 years imprisonment (July 2009)

6 FACT Control strategy Detect, Disrupt, Deter, Dismantle & Prevent Illegal recording in Cinemas Streaming and Peer to Peer websites hosting infringing and copyrighted material Organised Crime Groups

7 Examples of intelligence sharing Northumbria Police re Murder Enquiry Essex Police re large scale missing persons enquiry Metropolitan Police kidnap enquiries North Yorkshire Police re Murder Enquiry OCG Mapping CJSM

8 Organised Crime Groups ACPO definition: "Crime that causes or has the potential to cause 'significant harm' (Significant harm can have one or more of the following characteristics) Significant profit or loss, significant impact upon community safety, serious violence, corruption, exercise of control."

9 FACT Control strategy Detect, Disrupt, Deter, Dismantle & Prevent Illegal recording in Cinemas Streaming and Peer to Peer websites hosting infringing and copyrighted material Organised Crime Groups

10 Illegal Recording in Cinemas (the crime previously known as camcording) Dedicated FACT Cinema Investigator since 2006 Training, education and enforcement work Close liaison between distribution and exhibition Dramatic reduction in UK sourced recordings

11 Proven Cams from UK cinemas number of proven cams

12 Disrupted Activity ( interdictions ) number of incidents

13 PROVEN CAMS Vue, Harrow (N London) 2. Cineworld, Glasgow (Renfrew St)

14 Harrow Alice in Wonderland

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17 Harrow Circumstances Both camcorded FIRST DAY One first showing / one busy evening showing Device iphone Tickets bought early (40-60 mins) Undisrupted by screen checks Arrested 17/03/10 re-offending Far reaching bail condition

18 Glasgow Intelligence Picture Intel from ICG and FACT FACT developed intel FACT Field Investigators, Cinema Investigator and other staff involved FACT gained assistance of local police Arrest 12/5/10

19 Suspect used Cineworld Unlimited card 14 times since Including KICK-ASS SCREEN 3 (DIGITAL) OPENING DAY (camcorded version was a digital print) SCREEN 3 (DIGITAL) SCREEN 11 (35 MM) NANNY MCPHEE SCREEN 11 (35MM) SCREEN 10 (35MM) CLASH OF THE TITANS SCREEN 4 (35MM) OPENING DAY The camcorded print IRON MAN SCREEN 11 (35MM) OPENING DAY The print that was camcorded SCREEN 13 (35MM) OPENING DAY SCREEN 11 (35MM) OPENING DAY The print that was copied

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23 Second Conviction, Derby: S6 Fraud Act Showcase Cinema, Derby 26/11/2009 Film Targeted: 2012 (Sony) Equipment used: Mobile phone Sony Cybershot Duration of footage on device: 1 hour 10 mins Spare Memory Capacity: 39 mins at same resolution Footage does not begin at start of film Arrested at cinema, having been identified recording by staff Search of H/A carried out but no evidence of distribution etc On interview he stated he was just messing about Phone examination facilitated and financed by FACT Convicted 29/03/10 66 fine BUT successful criminal conviction for FRAUD

24 Op. Lee (Quantum of Solace) Large number of cams being sourced from NW England Intelligence suggested that attempt would be made to cam QoS on opening day in Oct 08 UK was 10 days ahead of US release Within 8 hours FACT mounted operation to cover key cinemas in Manchester police on standby to assist 4 suspects moved from cinema to cinema Stopped by FACT Investigators in Stockport 3 captured, 1 escaped (main suspect)

25 Op Lee update CSI Stockport!!

26 Enhanced rewards Supported by Updated advice

27 FACT Control strategy Detect, Disrupt, Deter, Dismantle & Prevent Illegal recording in Cinemas Streaming and Peer to Peer websites hosting infringing and copyrighted material Organised Crime Groups

28 Video Streaming website

29 Private to Public

30 Internet Investigations 22 active High Priority Cases 17 have been accepted by Law Enforcement Agencies and are ongoing investigations where arrests have occurred and enquires continue prior to charging or trial and FACT continues to assist on a daily basis with many of these cases. A further 3 are in the evidence gathering stage awaiting enforcement action and 2 others are awaiting decisions on how to proceed. A further 64 Internet cases are in the assessment or investigation stage

31 Private Criminal Prosecutions Where CPS/ Procurator Fiscal unwilling to proceed In complex cases eg internet/ conspiracy Can be costly BUT costs awarded at end of trial High success rate for FACT Saving on public purse Assisting general crime fighting & criminal justice Enhances reputation of FACT s professionalism

32 Alternatives to Prosecution Prosecution not always most appropriate route to achieve ultimate goal, eg website takedown Referral to HM Revenue & Customs: Income tax and/or VAT. Department of Works and Pensions (DWP): Often offenders claim state benefits whilst operating their criminal business. Serious Organised Crime Agency: SOCA have ability to institute civil recovery proceedings to take criminal profits away from offenders. Visit to home of offender by FACT employees ( they know we know ): This tactic has already been employed on a number of occasions and has proved to be an effective technique. UK Border Agency (UKBA): UKBA have the powers, under certain circumstances, to remove non UK nationals from the country.

33 Alternatives to Prosecution contd. Cease and Desist and takedown notices: Extremely cost effective method for the removal of infringing content from websites and hosting providers. Also keeps evidence chain live in case further action needed. Hosting providers: Hosting providers supply the necessary infrastructure for infringing websites to function. For the most part these are legitimate businesses who are prepared to co-operate with FACT upon receipt of evidence to support the allegation.

34 Online Advertising Analysing blue chip companies/ brands Letter to be sent to CEO Advice to be offered Aim to raise awareness of issue amongst business community in UK and reduce income for target website owners

35 FACT Control strategy Detect, Disrupt, Deter, Dismantle & Prevent Illegal recording in Cinemas Streaming and Peer to Peer websites hosting infringing and copyrighted material Organised Crime Groups

36 OCG Mapping During 2008 and 2009, FACT identified 29 groups which fitted the criteria for organised crime. A number of operations were subsequently carried out to try to disrupt and dismantle these groups. The review found that: 13 of the 29 groups were no longer active and in most cases, the groups appeared to have been dismantled after successful action taken by FACT and/or law enforcement agencies 16 groups remain active and will either be monitored by FACT in the forthcoming year (prosecutions pending) or the subject of future operations.

37 OCG Mapping 2009 prosecution highlights (OCG mapping): 6 Charged with conspiracy to defraud (Op Argon) 1 awaiting charges relating to copyright/trade marks offences, money laundering offences, obscene publication offences and cheating the revenue by tax evasion (Op Indra) 11 individuals prosecuted, receiving a total of 6 and a half years imprisonment, a twelve months suspended sentence, 12 months conditional discharge and 200 hours of unpaid work. 1 awaiting prosecution. (Op Burdekin) 13 individuals prosecuted, receiving a total of 5 years and 3 months imprisonment, 9 months suspended sentence, 8 months suspended sentence, 6 month suspended sentence. Also: 80 hours community service, 2x 60 hours community service, 3 cautions, 12 months community service (Op Absolute)

38 The future... Emerging threats to be faced by FACT and the audio-visual industry over the coming year include: the economic downturn, leading to an increased demand for illicit online content/ counterfeit product the use by counterfeiters of a high-definition BluRay compatible format which commands a higher street price the increasingly sophisticated structure of OCGs involved in counterfeit disc production the development of technology that allows easier and faster access to film and TV content on the internet use of ever more sophisticated devices to capture films in cinemas FACT will continue to use all available data to maintain knowledge of all factors that may influence both legal and illegal activity

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