We've written a couple of times about Indian ISPs overblocking websites in response to vague court orders to try to prevent copyright infringement of a particular film. The responses seemed like massive overkill, such as blocking complete access to certain sites -- including sites like Vimeo -- that have perfectly legitimate reasons for existing. It seems that this overkill may be coming back to haunt some ISPs. Airtel has now been penalized by a Consumer Forum in India for going too far with its blocks. Airtel was ordered to pay one of its customers 20,000 rupees (or about $360) for "deficiency in Internet service, thereby causing mental anguish to the complaintant."

The order said that Airtel misinterpreted the original court order, and couldn't justify its actions by hiding behind it.

“By misinterpreting the Madras High Court order, Airtel blocked entire websites. It is needless to say that the company’s actions amount to deficiency in service as well as unfair trade practice,” said the forum.

Of course, the article goes on to note that there has been some confusion over what was originally asked to be blocked. The anti-piracy company, Copyright Labs, who asked for the block order, claimed that it had only asked for specific infringing URLs to be blocked, but a freedom of information request revealed that it had actually asked for blocking of entire websites.

All in all, this highlights some of the many problems that occur when you give copyright holders the power to order outright censorship. It's good to see some push-back. If other customers in India file similar complaints, perhaps ISPs will think twice before engaging in widespread censorship.

As many companies would still like to believe that an IP address is all you need to identify a person using a computer, it's worth remembering that not only does an IP address not definitively identify who was using a computer, but it can easily get mixed up. A year ago, we had the story of someone whose house got incorrectly raided (by Shaquille O'Neal, for some unexplained reason) for child porn after an ISP gave investigators the wrong IP address info. It sounds like something similar has happened in India, where a man spent 50 days in prison for posting insulting pictures to Orkut. The only problem was that the guy had nothing to do with it. His ISP handed over the wrong information. This was only discovered once police found and arrested the people who actually uploaded the image. We won't even get into the question of why people are being arrested for uploading insulting photos, but this should serve as a warning to anyone who thinks that relying on an IP address as the sole piece of evidence is reasonable.