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Will ISP Web Content Filtering Continue To Grow?

Posted by ScuttleMonkey on Mon Dec 10, 2007 04:01 PM
from the altered-beast dept.
unixluv writes to tell us that another ISP is testing web content filtering and content substitution software. One example sees a system message that is pre-pended to an existing web page. While it seems innocent enough, is this the wave of the future? Will your ISP censor or alter your web experience at will? There have been many instances of content filtering lately and it seems to be a popular idea on the other side of the fence.
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[+] Comcast May Face Lawsuits Over BitTorrent Filtering 378 comments
An anonymous reader writes "It's been widely reported that Comcast is engaged in a sneaky form of Internet filtering. The company is terminating its customers' BitTorrent sessions by sending misleading data onto the network. The end result is that instead of targeting key heavy users, Comcast is instead engaged in an all out war against P2P protocols. In an interview with CNET, the Electronic Frontier Foundation's Fred von Lohmann states that Comcast is 'throwing a spanner in the works of the Internet, hoping that this will somehow reduce bandwidth usage overall.' Other lawyers seem to have smelled blood, and are circling in the water. Lohmann reveals that '[The EFF has] already been contacted by attorneys who are considering legal action against Comcast.' Could Comcast be facing a class-action?"
[+] MPAA Boss Makes Case for ISP Content Filtering 282 comments
creaton writes "At the annual UBS Global & Media Communications Conference yesterday, MPAA boss Dan Glickman banged on the copyright filtering drum during a 45-minute speech. Glickman called piracy the MPAA's #1 issue and told the audience that it cost the studios $6 billion annually. His solution: technology, especially in the form of ISP filtering. 'The ISP community is going to be at the forefront of this in the future because they have everything to lose and nothing to gain by not seeing that the content is being properly protected ... and I think that's a great opportunity.' AT&T has already said it plans to filter content, but others may be more reluctant to go along, notes Ars Technica: 'ISPs that are concerned with being, well, ISPs aren't likely to see many benefits from installing some sort of industrial-strength packet-sniffing and filtering solution at the core of their network. It costs money, customers won't like the idea, and the potential for backlash remains high.'"
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  • Rogers sucks. (Score:5, Interesting)

    by TheSpoom (715771) * <slashdotNO@SPAMuberm00.net> on Monday December 10 2007, @04:03PM (#21647403) Homepage Journal
    Goddamn, I hate Rogers. At least they're being honest with their bandwidth caps now. Unfortunately, I find myself in the position of having to switch fairly soon to a cable-based service as the phone lines in this apartment are horribly old and low-quality. My experience with TekSavvy [teksavvy.com] has been great from a customer service standpoint but it seems any DSL line I get here will be subject to the same problems, problems my landlord is almost certainly not willing to fix.

    I know about 3web but I've heard some fairly bad things as well. Can anyone recommend some non-DSL, high speed (5+ MBPS), preferably low-cost ISPs in the London, Ontario area?

    On another note, I'm almost certain this is going to cause unforeseen problems for Rogers, or at least their customers. I'm glad I don't do tech support for them...

    And as pointed out in TFA, this has some pretty evil possibilities. Barring the obvious censorship issues, who's to prevent Rogers from replacing, say, Google Adsense scripts with their own ads? They already do it with Bell ads on their digital cable. Don't believe me? If you have Rogers digital cable, you'll notice that there are some ads that play on every channel that has commercials. If you look closely at the start of these ads, you'll usually see about a half second of another ad, quickly replaced by the Rogers network-wide one. These preempted ads are usually for Bell ExpressVu, Rogers' main (satellite) competitor.

    But, like most cable companies, they remain because they have a monopoly on the cable market. Ultimately, this is the problem that needs to be solved before the rest, and I don't see it happening any time soon.
  • The code being appended breaking websites in some browsers? People disabling javascript?
    • Re: (Score:3, Interesting)

      It could be inserted as static text, preprocessed on their server side instead of a script appended to the page. That way the source would look just like Google had put it there themselves. I can't imagine that's legal, or at least I used to think that stuff wouldn't be legal.
    • Re: (Score:3, Interesting)

      If I remember correctly a few ISPs were toying with the isea of actually rewriting webpage code, not just inserting a little javascript for flavoring. That's the problem. ISPs could modify web page code that isn't easily blocked without blocking the entire page. not really much is preventing them from inserting text-ads for example into a body of text on a web page.
      • Re: (Score:3, Insightful)

        That would be great. Then everyone would have an incentive to use encryption by default.
      • by piojo (995934) on Monday December 10 2007, @06:36PM (#21649413)

        If I remember correctly a few ISPs were toying with the isea of actually rewriting webpage code, not just inserting a little javascript for flavoring.
        Maybe I'm just being naive, but is there a reason that that wouldn't be a copyright violation? Creating and distributing a derivative work?
  • Next Question?
    • Here you go (Score:5, Insightful)

      by pjt33 (739471) on Monday December 10 2007, @05:07PM (#21648337)
      Will we see a trend towards major websites being served entirely over https?
        • Re: (Score:3, Insightful)

          But is it more expensive to pay for the resources necessary to serve over https or to leave your site vulnerable to ISPs injecting things which might annoy your consumer or remove the ads which provide some of your revenue stream?
  • I would love it if my ISP could just email me or text me to let me know of problems. With 90% of the cell phones out there capable of receiving texts and at least half capable of getting email it seems like the logical choice. Any ISP that dares to intrude on my web surfing will get the boot.
    • Re: (Score:3, Informative)

      90% of phones capable of receiving texts? Your kidding right? I remember the Nokia 5110 (basically a n402) was released in 1998 (I owned one on pay as you go then too) was capable of 192 charracter sms messaging, My Nan's BT Cellnet own brand analog phone (this predated both the digital antenna's and the GSM sim card standard) which she bought in 1996 was capable of supporting text messages and that was a cheap end phone. (it was still in use until O2 forced a discontinue of service on that model for techni
      • by rucs_hack (784150) on Monday December 10 2007, @04:35PM (#21647873)
        Its always puzzled me why ISP's won't text you about network outages, filtering and bandwidth limitations.

        For the same reason Water companies don't contact you and tell you about all the leaky water pipes in your area, they don't want to be sending negative news to everyone, it makes them look bad.

        If they can blame you for breaking their terms and conditions, that makes you the bad guy, but if they sent a text telling you all the latest things they'd decided to not let you do, regardless of whether you were doing them, that makes them the bad guy, and customers would start leaving.
  • 1 Acronym (Score:2, Informative)

    by Anonymous Coward
    SSL
  • Sue 'em (Score:5, Insightful)

    by Asmor (775910) on Monday December 10 2007, @04:09PM (#21647483) Homepage
    There should be no ambiguity here. They have no right to modify that information. What they are doing is tantamount to forgery, perjury and impersonation. Sue the hell out of them until they stop or go bankrupt.
      • I don't know what the situation is in Canada, but the fact is government just doesn't work, especially when it comes to matters of the internet. Maybe in 10 or 20 years when more politicians than not have actually seen a computer before, but for now it just doesn't.

        It sucks, but frankly the only way for regular people to actually fight big business is through the courts.
      • Re:Sue 'em (Score:5, Insightful)

        by Bearpaw (13080) on Monday December 10 2007, @04:40PM (#21647947)

        Instead of suing for everything, we could just make a law to prevent this.

        Filing suit is part of the process of enforcing certain already-existing laws.

        You might just as well say, "Instead of arresting people for everything, we could just make a law to prevent murder."
      • Re: (Score:3, Insightful)

        That law exists. It's called "copyright." It's typically enforced through lawsuits.

      • Because it is for commercial gain, the act of introducing web advertisements into a third party's web pages is felony copyright infringement..

        Whenever you see this happening, do a screen capture and a "save page" to preserve the evidence, and then notify the webmaster of the page whose copyright was infringed, suggesting that this someone is committing this felony infringement of their rights, and that they need to do something about it before the statute of limitations on such action expires.

  • What do you think? (Score:5, Insightful)

    by mdm-adph (1030332) <mdmadph@@@gmail...com> on Monday December 10 2007, @04:09PM (#21647495) Homepage
    Get ready for the encrypted web.
    • I would love to see end to end encryption become standard. I know that it creates overhead, and as the admin of several small websites, I know the implementation can take longer, but I would still like it to become standard.

      The only way that ISPs could then exert control would be through messing with DNS records and redirects, which has far larger implementations. OpenDNS anyone?
      • Re: (Score:3, Interesting)

        I would love to see end to end encryption become standard. I know that it creates overhead, and as the admin of several small websites, I know the implementation can take longer, but I would still like it to become standard.

        Agreed. I don't want anyone messing with my websites. If I load up Slashdot, I want to see what Slashdot published on their site. I don't want any additional banners/ads/whatever...I don't want text selectively changed... I want to see Slashdot. And when I publish a website I want t

  • Or power, for ego stroking?

    Answer those, and you have the answer to your question.

  • Sites that don't want to risk having their ads stripped or replaced will shift to SSL.

    When enough big-name sites do that the economic incentive to insert or replace ads will drop off.

  • !Content-Filtering (Score:5, Informative)

    by Ambiguous Coward (205751) on Monday December 10 2007, @04:15PM (#21647581) Homepage
    Just to be clear, what Comcast has been caught at is not content-filtering. They have been breaking connections based on the *type of the connection*, not the content contained therein. Let's call what Comcast is doing by a more descriptive name. I propose Context Filtering. This way, we have QoS (throttling throughput while leaving it operational, etc.), Content-Filtering (watching the data going through and responding to the actual data) and Context-Filtering (watching the type of connection and reacting to that, such as SMTP connections, HTTP connections, BitTorrent connections, etc.) These terms are not interoperable, and shouldn't be treated as such.

    -G
    • Re: (Score:2, Funny)

      I propose a new terminology: Geraldine Job, named after the Lily Tomlin character.

      Basically, Comcast is listening to your conversation, deciding that it is going on too long and/or you are talking about something they don't like, and pulling the 1/4" plug, forcing you to repeat the call. And then doing it again.

      Don't like it? "Sorry, we're the ISP - we don't have to care."
    • Just to be clear, what Comcast has been caught at is not content-filtering. They have been breaking connections based on the *type of the connection*, not the content contained therein.

      Actually, we don't know the criteria they are using. We know they're breaking bit torrent connections, but it is unclear if it is all bit torrent, or just a subset. Do they take into account the source and destination of the connection? Do they take into account other characteristics?

      I should really now the answer to these questions and I'll ask some people who should know. Up until very recently I worked for the company that supplies Comcast with some of their traffic shaping tools which they are proba

      • by Ambiguous Coward (205751) on Monday December 10 2007, @05:42PM (#21648775) Homepage
        It matters what you call it because people need to have at least an inkling of what they're talking about. It's happened in other threads, and it will likely happen in this one, that the issue is confused for net neutrality, a completely separate side-issue.

        Also, content-filtering and context-filtering are two completely different issues. With the former, I can't see any way you can claim common-carrier status. With the latter, I'm not sure yet. For instance, if I'm a common carrier, I'm pretty sure I'm still allowed to pick what *kind* of things I carry. I am under no requirement, for instance, to support carrier-pigeons on my network. Likewise, I may be under no compulsion to support bittorrent transfers on my network. On the other hand, I *am* supporting TCP/IP traffic, so it seems I should support *all* TCP/IP traffic, provided it conforms to the spec I am claiming to support.

        So, by that logic, anyone claiming common-carrier status (i.e. Comcast) should not be allowed to perform content- or context-filtering. The problem is getting them to define what context(s) they carry. I have no doubt that if it came down to that, Comcast would *not* claim to be a common carrier of the TCP/IP context. They would instead claim far more specific contexts, such as SMPT, HTTP, etc.

        All of that aside, I think it's bullshit and Comcast should have their feet put to the coals for the fraudulent data they're transferring. They are actively performing a man-in-the-middle attack on those whose traffic they are supposedly neutrally transferring.

        Long story short--and I apologize for all the rambling above--it matters what you call it because that changes what bullshit excuse will be used in court.

        -G
  • You've Agreed To It (Score:5, Informative)

    by jcm (4767) * on Monday December 10 2007, @04:22PM (#21647673) Homepage

    Each person should review the Terms of Service (ToS) they accepted (and most likely continue accept each time they use their Internet connection) and look to see what is stated there. Also, realize that the ISP's will update it with nearly no notice. Inside of those agreements that you agree to generally through your use of their services you'll find all kinds of interesting things. For example, here is some relevant quotes from Verizon's ToS [verizon.net] in Section 14.4:

    "You hereby consent to Verizon's monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as they relate to the Service, Software, or other services, which we may offer from time to time."

    Who is to say that "adjustment of your computer settings" doesn't include adjustment of .html files being delivered to you. Oh and just in case that wasn't strong enough, in Section 15.8 you get:

    "15.8 You agree that Verizon assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and does not endorse any advice or opinion contained therein. Verizon does not monitor or control such services, although we reserve the right to do so. Verizon may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our Service and to protect others and ourselves."

    Similar allowances are inComcast's Acceptable Use Policy [comcast.net]. Basically, folks have to understand what they are signing up for and how often it can change.

    There are companies out there today, Phorm [phorm.com] for example, who already are working with ISPs around the world in order to put their gear in the ISP networks to create targeting advertising based on all Internet habits, not just specific sites with specific cookies or the like. So far they all seem to be giving you an ability to Opt Out, but that appears to be a way to create good will for the moment. If there was case law backing them up, who knows if they'd continue the practice.

    • by Todd Knarr (15451) on Monday December 10 2007, @04:32PM (#21647843) Homepage

      Except that Google (in this case) hasn't agreed to those Terms of Service and isn't bound by them. It'd be interesting to see the response to a statement like this from Google: "We grant an implicit license to ISPs to make unmodified copies of our pages on their cache servers and distribute them. We do not grant any license, implicit or explicit, to create derivative works by modifying our pages beyond the boundaries of fair use. We remind ISPs that making and distributing copies of a copyrighted work, or making and distributing a derivative work based on a copyrighted work, without a license from the copyright holder constitutes copyright infringement. We also remind them of the consequences if the PRO-IP Act currently under consideration in Congress passes.".

    • Of course they don't get to make a contract with you that says they get to make derivative works from MY content. This isn't disagreeing with your post. Just pointing out that while your ISP can screw you, it is illegal for them to create derivative works that they have not contracted for without the copyright holders permission.
  • ... of course they will filter, censor and tell us what to do, think and believe. Thats what Freedom is all about!

  • Adding the header is making a derivative work of the original web page. So is substituting one add for another. I can't think of any reasonable fair use argument that would prevent this from being a copyright violation. The web sites visited by the ISP's subscribers likely have a cause of action against the ISP. And the ad substitution victims likely could prove significant damages.

    I haven't fully thought through the contractual implications of this yet (as between the ISP and the ISP's subscribers), but there's almost certainly something there, too.
    • That would be awesome, sue the ISPs for using your copyrighted page on the one they display with that message. Can the DMCA be of help here, where you have a front-end modification for a third party application?

      It wouldn't matter if it is opt-out or opt-in if the original site hasn't allowed the ISP to do this.
  • I'd wager an underground modern BBS systems would start to popup again, if things get to far out of hand.

    Say hello to dial-up all over again!!
  • Copyright (Score:3, Informative)

    by Bogtha (906264) on Monday December 10 2007, @04:28PM (#21647773)

    The reason why ISPs can get away with copying resources into their caches is because they are "incidental copies", where permission for copying is implied for the purpose of normal operation. Web developers can apply Cache-Control: no-transform [ietf.org] to indicate that changes of this nature should not take place. It seems to me that any ISP that alters such pages would be creating unauthorised derivative works and permission would not be implied to copy, thus making them guilty of copyright infringement.

  • by Vellmont (569020) on Monday December 10 2007, @04:28PM (#21647777)
    Is the moment websites start going to all HTTPS.

    I kind of doubt anyone likes their website to have content in it inserted by an ISP. The big sites like Yahoo, Ebay, Amazon, etc, will just turn on HTTPS for all content. The only reason they haven't done it yet is because there's little reason to do so, and it takes some extra processing time.
    • Couldn't the ISPs get around that by adding a frameset, with their content in one frame and the https URL you requested in the other?
      • not if everything, including the URL you typed, was over HTTPS (and the SSL certificate matched up). they couldnt do anything to a request over HTTPS, except corrupt it.

        if, however, you type in http://www.google.com/ [google.com] and that site is supposed to redirect you to https://www.google.com/ [google.com] they could change that first HTTP page to have a frameset and put their ads in.
  • by Doc Ruby (173196) on Monday December 10 2007, @04:31PM (#21647823) Homepage Journal
    Well, it's almost the law, and proably will be soon enough, to require ISPs to spy on your every message, request and download.

    The House just passed the "SAFE Act" [cbs4denver.com] to force all ISPs to take responsibility for all content they host or transport, even if they don't moderate it, in direct contradiction of the landmark CDA [wikipedia.org] which let ISPs be like telcos always have. Lots of child molesters trap children in telephone conversations, but the telco has no liability. Because holding them responsible requires tapping every conversation, which is what the SAFE Act (not the one with the same name that sanely deregulated crypto export) now does: forces ISPs to monitor and analyze the content of your every Internet communication.

    When the Senate passes it, then the president signs it, every ISP will be forced to spy on your every online move (just like the government does - hi, Dick!). Just the threat of enforcement will be enough to get ISPs to do whatever the government wants.
    • Actually if anything it'll have the opposite effect on content monitoring and filtering. The SAFE act doesn't [arstechnica.com] require ISPs to monitor everything on their network and get fined if they don't report somebody. Instead it says *IF* they detect somebody looking at illegal images or something else covered in the act, and they fail to report it, then they can be fined. This means that the more monitoring an ISP does of the traffic, the more likely it is that they'll technically see something that should have be
  • Mirror of the hi-res picture: http://forum.pigvj.se/uploadfiler/37/rogers-google.jpg [pigvj.se] OK, i admit putting i there mostly to mess with my friends web hotel account. :)
  • Will your ISP censor or alter your web experience at will?

    What an innovative way to get me to switch to their biggest competitor. It's like anti-marketing, a novel approach to business.
     
  • For a VPS. It's a crude/expensive workaround, but it works. It sure sucks to pay an extra $15/mo for a server that I can use to do bittorrent without being throttled, and I ssh to it to establish a proxy connection for my web browsing.

    Too bad my area doesn't have non-sucky ISP like Speakeasy.
  • by glindsey (73730) on Monday December 10 2007, @05:36PM (#21648699)
    I've really ENJOYED THE SAFETY I GET with web filtering. This sort of stuff has simply gone too NOT FAR ENOUGH. I'm so ABSOLUTELY CONTENT with Comcast, I'm going to go call them right now and VOLUNTARILY INCREASE THE AMOUNT I AM PAYING THEM, and I suggest that everybody else yell about HOW COMCASTIC THEIR SERVICE IS.

    Sincerely,

    SATISFIED CUSTOMER
  • https - ssl (Score:3, Interesting)

    by Nom du Keyboard (633989) on Monday December 10 2007, @08:46PM (#21650551)
    How about if connections are just switched over to https / ssl encryption technologies. Can you prepend to an encrypted page? How long before there's a FF plug-in to strip any non-encrypted element from a page? That kind of idea could stop this nonsense pretty quick.

    Also, does their extra crap count towards your bandwidth caps?

    • Seriously, how does this apply to the subject at hand?
    • Other than that, how was the play, Mrs. Lincoln?
    • Re:Fuck You America! (Score:5, Informative)

      by Crispin Cowan (20238) <crispin@cri s p incowan.com> on Monday December 10 2007, @04:55PM (#21648155) Homepage

      I'm sick of an American school system that produces children who are brought up to believe that America IS the world and anything that goes on outside is irrelevant. Children so stupid they think America invented the Internet, computer, motor car, light bulb, telephone etc ad infinitum....

      Here's a clue: "America" (people in America) did invent the Internet [wikipedia.org], a substantial part of the computer [wikipedia.org], the light bulb [wikipedia.org], the telephone [wikipedia.org] ... not quite ad infinitum. America did not invent everything, not even a majority of things, but American inventors certainly did invent a huge fraction of things invented since 1776.

      If you are going to throw an irrelevant troll rant, at least get your facts straight :-)

    • by 99BottlesOfBeerInMyF (813746) on Monday December 10 2007, @04:45PM (#21648017)

      Some ISP's will filter content. The consumer will either accept it, or use a different ISP. The market ultimately dictates policy in these matters.

      Do you really believe the free market is at work in the telecom industry? In most places in the US people have zero, one, or two options for broadband network access and that is unlikely to change anytime soon. As a result, we don't have the many competitors required for the free market, we have a cartel, with most major players having been convicted of undermining the free market at one point or another. New players cannot enter because legal restrictions on the use of the last mile, public right of ways, licensed to only one cable and one phone operator. New players are also disadvantaged because while the government ate the costs of the initial telecoms, subsidizing them to the tune of billions, they won't do the same for anyone else, thus making it a very unfair playing field. Finally, peering agreements are great and all, but the free market cannot act though dozens of intermediaries and if filtering is being done by a network operator that has a peering agreement with someone who has a peering agreement with someone who has a peering agreement with someone you're doing business with, your dislike of the practice will never filter back to them through free market feedback and so nothing will get better.

      Before you can expect the invisible hand of the market to act, you have to make sure that market meets the minimum criteria to qualify as a capitalist, free market, and the telecom industry is not even close.

    • Re: (Score:3, Interesting)

      What about common carrier status? In countries for which this is relevant ISPs have indemnity for data passing through their systems which they merely transfer. However, if they're modifying a page then do they become liable for the its content as a whole, and thus vulnerable to libel etc. charges?