CPS 2022: Exploring the Keys to Enforcement

During the session “Private vs Public Enforcement” at the CDSA’s Content Protection Summit (CPS) Dec. 6, Richard Atkinson, president of the Content Delivery & Security Association (CDSA), said that, by taking a private approach to enforcement and leveraging available open source data in your investigations, your company can be much more successful in its enforcements versus taking a standard public/referral-type approach.

It was the second of two back-to-back CPS sessions featuring him and Ygor Valerio, CEO of LtaHub, whose company is a cyber-investigations, intelligence and litigation-support consultancy specializing in Latin America.

The first session had focused on the business case around growing the business and the second session was about enforcement.

Picking up from where he left off at the end of the first session, Valerio started off the second session by telling attendees: “Sometimes you just can’t do private information.” Examples of that include when you’re dealing with operators with criminal backgrounds, he noted.

When that happens, he said, companies “reserve public enforcement to the worst of the worst in cases which cannot be privately enforced.”

He added: “Private enforcement as an alternative means out of courts engagement with illegal operators” and it is “more focused on mitigation rather than compensation and conversion rather than punishment.”

That, he said, “requires good open source investigation techniques” and also legal knowledge in the country you are in because “you’re going to need to negotiate sometimes with an attorney or the operator.” The latter is “most effective when it’s coupled with some marketing conversion techniques that will try to recoup… or try to get those users back into the legal product,” he said. After all, they’ve been left without content because of the takedown of whatever service they had been using,” he pointed out.

Atkinson responded by noting: “Part of what you’re saying is it’s lined up as a business initiative, right?…. My experience has been if you can take this kind of an example” and can package it and then take it to your business executives who are trying to figure out how much to grow their business, “they either grow the business or they’re fired.”

He added: “That’s how the top sales guys usually are motivated…. And so again, as they keep growing the business, it gets to a point where they’ve got money in their pocket but no place to spend it that they have confidence will deliver the goods on what their growth plan is. And that’s a place that’s an open door to go take this conversation” and discuss return on investment (ROI}.

To download the presentation, click here.

To view the entire session, click here.

Presented by Fortinet and produced by MESA, CDSA’s Content Protection Summit is sponsored by Convergent Risks, Richey May Technology Solutions, GeoComply, Signiant, Verimatrix, Shift Media, EIDR and EZDRM.