Private industry has absolutely NO place as judge, jury and executioner. NONE. Zero. Zilch.
If one is to be found guilty of anything, a court should be involved. Perhaps there should be changes to the law, to make small claim's court responsible for minor copyright infractions by users.
Regardless, in no way should one private company provide proof to another private company, which results in any sort of detrimental action being taken against a citizen of a free country!
If it's a free country, shouldn't the private company be free to do what they want, barring any agreement with you that precludes them from doing otherwise?
Or is your "free country" just free for YOU?
There are many things that my ISP can not do. They can not, for example, terminate my service because I am a minority. They can not engage in anti-competitive behaviour. They can not slander me, without repercussions. They can not lie about the services they offer. I could go on and on, about the things one person can not do to another person in a business capacity.
The problem with this system is... well, let's compare it.
You're in a restaurant. Someone approaches the restaurant owner, and informs them that you, and the person you are dining in, are currently breaking civil law. Without verifying that information, the restaurant owner then approaches you, and informs you that this is the 6th time someone has said such things about you, and therefore you are on longer allowed in the restaurant.
I assure you I can bring suit against people for such things. Just watch me.
In fact, if that information is wrong, the copyright holder could be sued for slander/libel, along with the ISP being sued for various other things.
Yep - but you probably signed away that right when you agreed to your ISPs TOS.
Yeah, it sucks if someone wants to pay ISPs to play copyright cop. But given who the MAFIAA has in their pocket (remember, you can't spell DMCA without tha big fat "D"....) I don't see any realistic way that's going to change any time soon.
A TOS is *not* a contract. Further, I've never once -- not once, signed anything to receive service from an ISP.
All a TOS says is "I'm giving you service, and if I see these things happening, I will cut you off". That's all fine and good, but many companies in the past have gotten in legal trouble over the wrong condition for their TOS.
Frankly, I'm not sure what country you live in, but it seems like a place where all the legal strength is on the side of corporations! The USA perhaps?
At least in Canada, the court system isn't that broken yet...