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Cablegate: Ukraine: Usg-Funded Ipr Enforcement Training

VZCZCXYZ0000
RR RUEHWEB

DE RUEHKV #2460/01 3521450
ZNR UUUUU ZZH
R 171450Z DEC 08
FM AMEMBASSY KYIV
TO RUEHC/SECSTATE WASHDC 6934
INFO RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEHMO/AMEMBASSY MOSCOW 0420
RUEHSF/AMEMBASSY SOFIA 0043

UNCLAS KYIV 002460

SIPDIS

STATE FOR EUR/UMB AND EB/TPP/IPE - JURBAN
STATE FOR INL - JVIGIL
STATE PLEASE PASS TO USTR FOR PBURKHEAD/JGROVES
USDOC FOR 4231/ITA/OEENIS/NISD - CLUCYCK
COMMERCE PLEASE PASS TO USPTO AND CLDP
SOFIA FOR DOJ - MLAMBERTI

E.O. 12958: DECL: N/A
TAGS: ETRD KIPR ECON UP
SUBJECT: UKRAINE: USG-FUNDED IPR ENFORCEMENT TRAINING
FOCUSES ON INTERNET PIRACY

REFS: A) KYIV 1411 and previous
B) KYIV 404
C) 2007 STATE 154669
D) 2007 KYIV 1417
E) 2007 STATE 55928

SENSITIVE BUT UNCLASSIFIED; NOT FOR INTERNET PUBLICATION.

1. Summary: Post on December 5 held a workshop on combating
internet piracy primarily for Ukrainian police, the fourth
in a series of events that are part of a STATE/INL-funded,
IPR training initiative. Some thirty police officials,
from the Kyiv central office and the regions, and one
prosecutor attended the event. USG and industry experts
provided a practical introduction to internet piracy, as
well as strategies and best practices to improve
enforcement in this area in Ukraine. End Summary.

Continuation of IPR Training Program
------------------------------------

2. This December 5 internet piracy workshop was the latest
event of our intellectual property rights (IPR) training
initiative "Creating a Sustainable Ukrainian IPR Training
Capability" (ref D). This initiative is part of the State
Department's 2007 IPR Enforcement Training Funds Program
(ref E), administered by the Bureau for International
Narcotics and Law Enforcement Affairs (INL), which has
allocated USD 125,000 for Ukraine (ref C).

3. About 30 Ministry of Interior officials from all over
Ukraine and one prosecutor attended the workshop. Post
made a deliberate effort to include officers from the
regions, not just Kyiv, because officials at the Kyiv
office of the Ministry of Interior often farm out
investigations to regional offices due to lack of manpower.
A participant from the eastern Ukrainian city of
Zaporizhya, for example, boasted that earlier in the year
he had been the first to bring a criminal case involving a
private website to trial. In addition, Post requested that
Ministry officials select police officers with experience
in computer/internet cases from cities that have generated
such cases in order to target the officers most likely to
handle an internet piracy case in the near future.

4. Prior workshops targeted judges and Customs officials
(ref A). Post took the lead in organizing this seminar and
used the INL fund cite provided in ref C. Post will
provide copies of all funding documents to INL/RM.

Internet Piracy: A New Problem for Ukraine
------------------------------------------

5. Post's 2008 Special 301 submission (ref B) noted that
internet piracy is a nascent and growing problem in
Ukraine. Many Ukraine-based websites offer pirated
material for download with the full knowledge of their
Internet Service Providers (ISPs). Industry groups
estimate that out of the roughly 400 ISPs in Ukraine, 150
of them support websites offering pirated material.
Microsoft has also complained that Local Area Networks
(LAN), some of which cover entire Ukrainian cities, permit
widespread software piracy. Another common type of
internet piracy is online ordering sites, where pirates
sell illegal CDs and DVDs for mail or personal delivery to
customers.

6. Ministry of Interior officials have pointed to some
successes in stopping online-ordering-site piracy, but
admit that little, if anything, has been done to combat
sites offering illegal filesharing/downloading, including
so-called Peer-to-Peer and BitTorrent sites. GOU
representatives have argued that Ukrainian law does not
give law enforcement officials clear authority to shut down
such websites, although sometimes ISPs can be persuaded to
do so. However, the main obstacle to investigating and
prosecuting these sites seems to be a lack of training and
resources.

Improving Police Capabilities
-----------------------------

7. Matthew Lamberti, Department of Justice Intellectual
Property Law Enforcement Coordinator for Eastern Europe and
a prosecutor experienced in handling internet piracy cases,
and Special Agent Kiffa Shirley, from the FBI's Cybercrime
Fraud Unit, discussed basic strategies for investigating
internet piracy.

8. Lamberti gave a presentation on investigating and
prosecuting pirate websites, focusing on Ukraine and other
countries in the region. Among other things, he showed
numerous examples from pirate sites based in Ukraine and/or
used in Ukraine. Lamberti noted that earlier this year one
of the world's biggest pirate websites had moved to
Ukraine, and that the founder of the site had stated that
he was looking for a "suitable" home after being pressured
to leave several other countries, including the
Netherlands, Canada, and Malaysia. Lamberti cautioned that
Ukraine might become a haven for pirate sites if it did not
step up enforcement efforts.

9. Shirley gave a detailed briefing on the different kinds
of websites that engage in internet piracy and the
technology they employ. He also described the
investigative steps he and other FBI agents took to
investigate elitetorrents.org, a pirate website based in
the United States that was known for its extremely fast
illegal downloads. So far, that case has resulted in eight
convictions.

10. Serhiy Lebid, head of the Economic Crimes Department at
the Ministry of Interior, emphasized the importance of
combating internet piracy during his opening remarks.
Mumith Ali, from IFPI's London office, and Ihor Mykhaylov,
from the Ukrainian Anti-Piracy Association (which is funded
by the Motion Picture Association MPA), provided insight
from the private sector.

11. Ali provided participants with strategies and best
practices based on his experiences investigating some of
the biggest pirate websites in Europe, including a UK-based
private pirate website with 180,000 members notorious for
offering illegal downloads of pre-release music albums.
Prosecution of the owner of the site is currently pending
in English Crown Court. Moreover, Ali gave a live
demonstration of how people download illegal works from
pirate websites. Ukrainian participants were particularly
interested in Ali's description of a free computer program
called "Wireshark" used by IFPI to investigate pirate
sites; we are following up with the Ministry of Interior to
provide more information on this program. Mykhaylov
discussed the efforts the movie industry has made to combat
internet piracy, and ways that police officers could obtain
assistance from his group and others. He also discussed a
number of particular sites currently based in and/or used
in Ukraine offering pirate works.

12. In addition, to make the training workshop as hands-on
and practical as possible, organizers divided participants
into breakout groups to discuss one of two internet piracy
case studies. Organizers based these case studies on
actual internet piracy sites in Ukraine, as well as on
specific issues and requirements presented by Ukrainian law
in this area. At the conclusion of the workshop, several
police officers made helpful presentations to participants
on how they would investigate the case studies.

Comment: Baby Steps
-------------------

13. The Ukrainian participants were engaged in the
discussion, and many officers asked pertinent questions
during or after presentations. Yet unfortunately resource
issues will continue to hamper enforcement efforts. For
example, several police officers from the regions
complained privately that they did not have access to the
internet in their workplace. We are also concerned that
the Prosecutor General's Office does not yet seem to have
made internet piracy a priority. The workshop was a
success in terms of focusing Ukrainian police on the
problem of internet piracy and offering them some basic
tools to do so. The police have a long way to go to
develop a robust enforcement system, however. End comment.


TAYLOR

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