Experienced, knowledgeable staff

(1)

(2)

FACT 2010

● 27 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)

Field Investigation

•External agency liaison

•Managing operations •Statements •Raids Internet Investigation •Evidential packages •Intelligence gathering FACT Forensics

•Technical examination of discs and computers

•Intelligence gathering

Field Intelligence Officers

•Initial covert observations

•Intelligence gathering Intelligence Unit •Evaluate/collate/analyse information •Identify trends/hotspots/ subjects

•Create intelligence packages

Financial Investigation

•Proceeds of crime

•Intelligence gathering

Intelligence at the hub

All parts working seamlessly

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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

(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

(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

•

(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

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Proven Cams from UK cinemas

0 5 10 15 20 2006 2008 2010 number of proven cams

(12)

Disrupted Activity (“interdictions”)

0 10 20 30 40 50 60 70 2006 2007 2008 2009 number of incidents

(13)

PROVEN CAMS 2010

1. Vue, Harrow (N London)

(14)

Harrow

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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 21.03.10.

Including

KICK-ASS

26.03 – 23.15 - SCREEN 3 (DIGITAL) – OPENING DAY (camcorded version was a digital print) 27.03 – 22.10 – SCREEN 3 (DIGITAL)

31.03 – 11.40 – SCREEN 11 (35 MM)

NANNY MCPHEE

29.03 – 11.30 - SCREEN 11 (35MM) 30.03 – 11.00 – SCREEN 10 (35MM)

CLASH OF THE TITANS

02.04 – 11.50 – SCREEN 4 (35MM) – OPENING DAY – The camcorded print

IRON MAN 2

29.04 – 11.00 – SCREEN 11 – (35MM) – OPENING DAY The print that was camcorded 29.04 – 11.30 – SCREEN 13 – (35MM) – OPENING DAY

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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

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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

(25)

Op Lee update

CSI Stockport !!

(26)

Enhanced rewards

Updated advice

Supported by

(27)

•

(28)

(29)

Private to

Public

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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.

(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

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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

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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

(35)

•

copyrighted material

(36)

•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)

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

(39)