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ISPs To Filter Traffic For Copyright Holders?

Posted by kdawson on Wed Jan 09, 2008 08:11 AM
from the superhighway-becomes-cop dept.
Dr. Zarkov writes "At a CES forum, representatives of AT&T and other ISPs discussed the need to filter traffic at the network level, to stop the transfer of copyrighted material. An AT&T spokesman said they 'would have to handle such network filtering delicately, and do more than just stop an upload dead in its tracks, or send a legalistic cease and desist form letter to a customer. "We've got to figure out a friendly way to do it, there's no doubt about it," he said.'"
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[+] News: Install Copyright Filters on PCs, Says RIAA Boss 391 comments
Don't squeeze the Sherman writes "At a conference last week, RIAA president Cary Sherman said he didn't support mandatory filtering by ISPs, but in a video clip posted by Public Knowledge, Sherman offers a far more troubling 'solution': installing filters on users' PCs. From Ars Technica's coverage: 'The issue of encryption "would have to be faced," Sherman admitted after talking about the wonders of filtering. "One could have a filter on the end user's computer that would actually eliminate any benefit from encryption because if you want to hear [the music], you would need to decrypt it, and at that point the filter would work."'"
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  • by nb(a)Quibux (1214412) on Wednesday January 09 2008, @08:13AM (#21967170)
    In the article, AT&T's Mr. Cicconi is quoted as having said: "We are very interested in a technology based solution and we think a network-based solution is the optimal way to approach this."

    Why are they so interested in this? Because there will be pressure on smaller ISPs to do the same, with the difference that for smaller ISPs, roughly the same absolute cost divided by a much smaller number of customers is a much greater per-customer cost?

    • by Rosyna (80334) on Wednesday January 09 2008, @08:16AM (#21967210) Homepage

      Why are they so interested in this?


      I still think it's because they oversold their network capacity and don't want to spend any new money on upgrading their infrastructure to match the capacity they advertise. The fix to this is to implement network filtering that prevents customer from using the bandwidth AT&T has sold them.
      • by Alexpkeaton1010 (1101915) on Wednesday January 09 2008, @08:50AM (#21967538)
        The Parent is 100% correct. AT&T doesn't care at all about protecting content holders rights. The AT&T bosses look at the huge expense in upgrading the infrastructure and ask, "Why do we need to do this?". The poor engineers then have to explain that x% of there traffic is due to Youtube, y% is due to World of Warcraft, and z% is due to Bittorrent. To solve the Youtube and World of Warcraft problem, the answer to AT&T is of course a tiered internet where Google and Blizzard have to pay extra to guarantee that there packets get through. There is no one to charge for Bittorrent, so the answer is clearly to ban it. This is all about saving AT&T the cost of upgrading there infrastructure.
        • by Antony-Kyre (807195) on Wednesday January 09 2008, @09:20AM (#21967916)
          Wouldn't it be easier for them to switch to a pay-per-gigabyte-downloaded scheme? So instead of paying $X/month for unlimited access, you'd be paying something less than $X per month. Perhaps $10 less. But you'd get charged $1/GB downloaded, which, I think with most people, wouldn't be that much anyways.
          • by compro01 (777531) on Wednesday January 09 2008, @09:49AM (#21968316)
            simple, they make tons of money overselling. they love people who pay for, say, a 5MB pipe and only use it for checking their emails and looking up recipes and whatever.

            if they switched to an actual-transfers system, they'd lose all kinds of money on those people.
          • by halber_mensch (851834) on Wednesday January 09 2008, @11:15AM (#21969574)

            Wouldn't it be easier for them to switch to a pay-per-gigabyte-downloaded scheme? So instead of paying $X/month for unlimited access, you'd be paying something less than $X per month. Perhaps $10 less. But you'd get charged $1/GB downloaded, which, I think with most people, wouldn't be that much anyways.

            That's a fantastic idea. I think you should sign up right now, and tell us all how quickly you go broke paying for unsolicited traffic to your node from John Q. Cracker and his army of bot-machines.

            Wait, did I say 'fantastic'? What I meant was 'fantastically retarded'.

        • by HangingChad (677530) on Wednesday January 09 2008, @09:35AM (#21968100) Homepage

          ...the answer to AT&T is of course a tiered internet where Google and Blizzard have to pay extra to guarantee that there packets get through

          I was listening to a story on NPR this am about how AT&T was whining about their revenue dropping. Well, duh. Turn yourselves into the a**hats of the telecom world, then act surprised when people cut service or go elsewhere.

          Doesn't it just move you to tears when mega-corporations making billions in profits every quarter start whining about the cost of an infrastructure upgrade? We have to upgrade the system...whaaaaaaa. We have make a few less billions in profit to support our market...boo-f'ing-hoo. If it's that tough then sell all your circuits and get into a new line of work.

          I despise corporate whiners.

          • Re: (Score:3, Insightful)

            Yeah, but when it's a publicly traded company, you really need to focus your hate on the people who sell the stock at the slightest hint that the company won't be making those absurd profits in the near future. That's the reason that the corporate bigwigs whine--their value is dependant solely upon the speculation that they'll make more money this year than last year, since stock traders will dump the stock if they don't.

            It's a terrible system that leads to inflation of the company's actual worth, and the
            • by jedidiah (1196) on Wednesday January 09 2008, @10:54AM (#21969218) Homepage
              Nope. It's upper management that insists on thinking of the stockholder as their ultimate customer rather than the person they actually sell to. This is an idea that's been popular on Wall Street for a long time now. Couple it with the "this quarter" mentality and you have a real recipe for disaster.

              A board chairman really shouldn't give a rats *ss what the stock price is.

              That represents money that the company has already raised.

              Management chooses to be not to be in it for the long haul and are incapable of providing any leadership.

              Mangement needs to be able to sell the idea of proper management too.
            • Yeah, but when it's a publicly traded company, you really need to focus your hate on the people who sell the stock at the slightest hint that the company won't be making those absurd profits in the near future. That's the reason that the corporate bigwigs whine--their value is dependant solely upon the speculation that they'll make more money this year than last year, since stock traders will dump the stock if they don't.

              It's a terrible system that leads to inflation of the company's actual worth, and the need for short-term profits over long-term goals.
              I think this can't be said enough. The current corporate milieu, which is driven almost entirely by short-term profits, is itself driven by the stock market, which is dominated by investors looking to turn a quick buck. That's really the root cause of the problem.

              If you're a corporate executive, heavily invested in your own company's stock (which isn't a bad thing, since it means you're putting your money where your mouth is), you stand to lose a lot of money if the share value tanks. So you do whatever's required to keep it up -- and what the market demands in many cases isn't long-term, stable profitability, but short-term growth and dividends. Nobody plans for further out than a few years, nobody can engage in really visionary or transformative projects; everything is about making this quarter's or this year's numbers so that all the Wall Street traders don't dump your stock.

              I'm not entirely sure how to fix it. I've wondered for a while if some regulative penalty on stock flipping wouldn't be beneficial; something like the penalties that exist on most mutual funds to discourage 'market timing' that hurt long-term investors. On one hand you don't want to do anything to the market that creates a dead-weight loss (like stick a per-transaction tax on stock trades, which would be the obvious route to prevent flipping), but the culture of short-term profits seems to be so destructive to our economy and industrial base as a whole that even as a quasi-free-marketer, I'm not inherently opposed to the idea.
          • by bckrispi (725257) on Wednesday January 09 2008, @12:59PM (#21971168)
            Also, if ISP's start "sniffing" for copyrighted traffic, wouldn't that nullify their Common Carrier status? IANAL, but wouldn't this then make them liable for the content of *all* the traffic that flows over their network?
      • by Maniac-X (825402) on Wednesday January 09 2008, @09:28AM (#21968028) Homepage
        Technically, everything is copyrighted. My website, your website, this website, all copyrighted. It may not be officially registered in the copyright office, but anything that is created by anyone is subject to (and protected by) copyright law. Does that mean that they're going to filter the copyrighted content on my personal website (ie, everything I created that's up there) as well? This is a legal breach of net neutrality. Comcast is already under investigation by the FCC for this, and they're looking at $195,000 per affected customer. I expect if AT&T goes through with this plan they'll be fined as well, so the bigwigs should really look at that while figuring their money-saving options. Spend X amount of money on upgrading their bandwidth capacity to fill demand, or spend $(customer*200,000) on fines for violating Net Neutrality.
    • Re: (Score:3, Insightful)

      they're so interested because it gives them the possibility to become a toll booth. For a small fee of course.
    • because future product development includes high speed transmission of copyrighted video. As such they will probably get hammered while trying to cut deals with the big media companies. Meaning, where the studios cannot get laws passed to do what they want they can go after anyone who both provides the underlying service as well as the content.

  • by Loibisch (964797) on Wednesday January 09 2008, @08:13AM (#21967176)
    The friendly way about it is not to mess with people's traffic in the first place. Once you have filtering equipment in place it can easily be misused to filter out anything any power with enough money might wish to black out.

    You do not want to open that box...
    • Seriously. Let's not start filtering traffic because a few companies can't or won't change their business model in the face of changing technologies.

      Besides, does anyone really think that that's going to work? It would be nearly impossible to filter out copyrighted material. As always, the Net will just route around the damage. That's the nature of the network and it was built that way on purpose.

      • by computational super (740265) on Wednesday January 09 2008, @09:27AM (#21968002)

        Check out Freenet [freenetproject.org] - total anonymity and total encryption is the goal. All that's needed for it to work is for more people to download and run nodes.

        • Check out Freenet [freenetproject.org] - total anonymity and total encryption is the goal. All that's needed for it to work is for more people to download and run nodes.

          One thing Freenet has in common with Nintendo Wi-Fi Connection is friend codes. In both Freenet and Nintendo WFC, you need to add the other user, and the other user needs to add you. So how does one find other trusted users' friend codes in order to connect to the network?

          But I noticed that since the last time I checked freenetproject.org, the page Connecting to Freenet [freenetproject.org] has added a few sentences discussing an "insecure mode". Is this any better than just using a system built around eMule, Gnutella, or

          • by Kjella (173770) on Wednesday January 09 2008, @11:52AM (#21970160) Homepage

            But I noticed that since the last time I checked freenetproject.org, the page Connecting to Freenet has added a few sentences discussing an "insecure mode". Is this any better than just using a system built around eMule, Gnutella, or BitTorrent?
            It's an open network, where you have some deniability that the traffic comes from other nodes. Basicly it's back to where it was with 0.5 a few years ago, before they started with the whole "darknet" thing in 0.7. It's definately better than regular P2P but with easy corrolation attacks it's not exactly bulletproof. Better anonymity would be a premix network, but that's waaaaaaaaaay off. On the whole, they're still pushing the darknet strongly which is in my opinion a stillborn idea for several reasons.

            The page also states that it takes a couple days for a Freenet node to get up to speed. Do the developers plan to make Freenet compatible with dial-up or with broadband providers that use PPP over Ethernet, where IP addresses change every 24 hours or so?
            Yes and no, changing IPs it not a big issue and can be improved with dynamic DNS. Dial-up users are pretty much screwed given the way Freenet works, and they don't seem to have any plans to change this.
  • ahem (Score:5, Insightful)

    by rucs_hack (784150) on Wednesday January 09 2008, @08:14AM (#21967182)
    We've got to figure out a friendly way to do it, there's no doubt about it

    We've got to figure out a legal way to do it, there's no doubt about it.

    There, fixed it for you.
    • Re: (Score:3, Insightful)

      We've got to figure out a legal way to do it, there's no doubt about it.
      We've got to figure out a hidden way to do it, there's no doubt about it.

      Actually fixed this time.
  • by zotz (3951) on Wednesday January 09 2008, @08:14AM (#21967188) Homepage Journal
    Since pretty much everything these days is automatically copyrighted at the time of creation or fixing, I guess the days of network congestion will soon be pretty much over then?

    all the best,

    drew
  • It's funny how the U.S., where the PC and the Internet first became big, seems less and less on the digital frontier. When in much of the EU and Asia ISPs respect their customers a lot more--the main ISP in my city in Romania has even set up a DC++ server so you can films and music with other people nearby--in the U.S. all the new possibilities that the Internet has brought are just going into lockdown.
  • In practice (Score:5, Insightful)

    by Chrisq (894406) on Wednesday January 09 2008, @08:15AM (#21967200)
    In practice this means "you can only download legal music and software from our approved stores.

    People who download illegal files will continue to do so by obfusticating, unless you are to ban all binary transfers! It is the people who want to download legally who will now have to put up with restricted choice as well as DRM.
  • uh huh... (Score:5, Informative)

    by Bones3D_mac (324952) on Wednesday January 09 2008, @08:18AM (#21967220)
    What they really mean, is that there's no way it can be done without pissing off enough customers for a class-action lawsuit against them.

    Who gets to identify "copyright" and how do those with permission to use said materials bypass the system for legitimate reasons? Who is going to pay for the resources needed to store signature files for each copyrighted work on earth and the hardware needed to perform comparisons of any download with the signature database in realtime in such a manner that it doesn't adversely affect network performance?

    Finally, wouldn't all these techniques be rendered useless by encrypted tunneling software short of making encryption over the internet illegal in itself? And who gets to enforce that?
    • Re: (Score:3, Insightful)

      Who is going to pay for the resources needed...?

      You, the customer, who else?
    • wouldn't all these techniques be rendered useless by encrypted tunneling software short of making encryption over the internet illegal in itself?

      While not making it illegal per say many ISPs reduce the bandwidth for encrypted traffic for just this reason. Torrents announce themselves as such as part of the protocol, they were getting throttled, so they got smart and started encrypting their traffic. Guess what? My ISP started throttling all encrypted traffic, alright for say doing banking, but when I'm using VPN to get into my work and do remote desktop, db access etc, it really sucks.

  • by IBBoard (1128019) on Wednesday January 09 2008, @08:21AM (#21967238) Homepage

    ... need to filter traffic at the network level, to stop the transfer of copyrighted material


    So, lets see. Linux is copyrighted (it has to be to have a license on it). Does that mean they want to stop that as well? And the images on a web-page, they'll be copyrighted too so do they get stopped?

    If not and they just mean "copyright infringing material" then 1) why don't they say that and 2) how do they ever plan to tell the difference between infringing and non-infringing use?

    Same old same old, I guess: person of power wants to be seen to be "doing the right thing" by huge copyright holders but doesn't understand the detail or implication.
  • by TheNarrator (200498) on Wednesday January 09 2008, @08:22AM (#21967246)
    Why do the ISPs even give a damn? How do they make money by pissing off their customers? Are the record companies going to pay them? Are they hoping to so bore their customers so much by limiting their access to entertainment that they will be forced to buy some other over-priced approved proprietary cintent?

    So what exactly is in it for at&t?
  • I cant wait. (Score:5, Insightful)

    by Kilz (741999) on Wednesday January 09 2008, @08:23AM (#21967262)
    Once they have a system in place that they think will block illegal downloads (it will never really stop them)they open themselves up to lawsuits. After all they will have proved that they can stop them. Doesnt that open them up to lawsuits for those they do not stop? Then if they block something that isnt copyrighted, they open themselves to lawsuits.
  • by rbrander (73222) on Wednesday January 09 2008, @08:25AM (#21967274) Homepage
    They listened in on your phone calls without a warrant, and giving them amnesty for it is being seriously discussed.

    That about establishes the principle that it's their network, not yours, and the moment you put your traffic on it, that's also theirs, to review and pass judgment on, and approve.

    Or not.

    Isn't it nice that they plan to do it "politely", though? That should count for something.
  • by dogganos (901230) <dogganos@gmail.com> on Wednesday January 09 2008, @08:26AM (#21967282)
    Anybody home? More and more p2p apps are including encrypted p2p sessions at the application layer. Did anybody think about that?
  • by LiquidCoooled (634315) on Wednesday January 09 2008, @08:30AM (#21967310) Homepage Journal
    i download copyrighted material everyday and if my ISP stopped it then I will be very annoyed.
    Practically every page I download has a copyright, including the one I am reading now.

    All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2007 SourceForge, Inc.

    How can they differentiate unauthorized copyright from authorized?
  • Carrier? (Score:4, Insightful)

    by pr0nbot (313417) on Wednesday January 09 2008, @08:31AM (#21967324)
    Is it the postal service's responsibility to open every package and check what's inside, in case I'm trying to send you a photocopied novel?

  • by An anonymous reader (1058644) on Wednesday January 09 2008, @08:32AM (#21967336)
    And I think this is total Bullsh*&*^&*(&^*& CARRIER LOST...
  • by Slyswede (945801) on Wednesday January 09 2008, @08:36AM (#21967362)

    This is quite interesting to follow since here in Sweden the debate climate has just made an interesting turn. For the first time, politicians in our parliament has come out in support of scrapping the current laws against file sharing on the grounds that enforcing them requires giving either ISP:s or rights owners too much insight into people's personal communications, thus violating our privacy.

    This was sparked by a government report suggesting that the law should be changed to require ISP:s to scan the network traffic of their customers and possibly terminate the internet service if multiple violations were made. One thing we should not here is that in Sweden, the ISP:s are strongly opposed to monitoring their customers and wish to remain providers of a service, not the internet police of rights owners.

    The main problem in this whole issue is that people tend to think that just because something can be done with new technology (such as monitoring what I send over the internet to my friends) it's ok to do so. Free societies value personal freedom and the freedom to keep our private lives to ourselves. No one would dream of suggesting that the postal service should start opening people's mail to see if there's something illegal inside. If it's not right in the analog world, it's not right in the digital world either.

    Now I'm just waiting to see how long it takes the rest of the EU to catch on. There's a big chance that we'll see soon see the largest changes to copyright laws since they were originally thought up. Personally I'll be satisfied with a clarification that clearly states that it's illegal for anyone to monitor my personal communication regardless of what medium I use, unless specifically required to do so by a court of law (as in other wiretapping cases).

  • by dyfet (154716) on Wednesday January 09 2008, @08:36AM (#21967364) Homepage
    So they are looking for a "customer friendly" way to exit common carrier status, or is it a matter of monetizing the NSA infrastructure? In truth, while some speak of big brother by the state, I far more fear the social damage that can be caused by "little brothers" of corporations each potentially capable of monitoring people in far more detailed, even less accountable, and in far more subtle ways, all with a profit motive, than I do the latter.

  • My solution... (Score:3, Interesting)

    by Tastecicles (1153671) on Wednesday January 09 2008, @08:41AM (#21967410)
    Everybody, flip off the cable/adsl and get a mobile broadband contract. It's cheaper, you're not constrained by wires, and (believe it or not) it's quicker. I went the whole hog, partly because I can't get a SIM on contract, and used a Sierra Aircard 720 with a T-Mobile SIM on pay-as-you-go. I pay £10/mo for 40kbps always-on, don't miss broadband one iota because I can get online anywhere on the planet on an unmetered cellular connection.

    Also, don't ever underestimate the bandwidth potential of a pack of blank DVDs and a parcel post.
    • Re: (Score:3, Insightful)

      Everybody, flip off the cable/adsl and get a mobile broadband contract.
      You believe that a mobile connection will escape this? AT&T is a company that sells that very type of connection.
    • Also, don't ever underestimate the bandwidth potential of a pack of blank DVDs and a parcel post.



      Yeah, but the latency is just awful.
  • by Jerry (6400) on Wednesday January 09 2008, @08:42AM (#21967422) Homepage
    but the corporations have stolen it, with the help of soulless politicians who want "change", aka campaign "contributions".

    I want change, alright. I want the greedy IP companies thrown off OUR web and send them back to their brick and mortar. Give the web back to the people and educational institutions and companies that don't try political and USPTO lock downs.

    While we are at it, let's pull health insurance companies grubby hands off of health care. Take profit out of health care. That some should profit on the suffering of the sick and injured, and others even INCREASE their suffering, is detestable, but politicos from BOTH parties are happy with it, as long as they get their campaign "contributions".

    Then, let's shut down the check advance folks. 450+% interest! They feed on the poor and make the Mafia look like a charitable organization. They've replaced Louie the Leg Breaker with law enforcement to do their dirty work. The credit card companies are not much better. 35% interest? Diverting payments to the lower interest rate loans when the higher interest rate loans are older is simply theft. and hair trigger interest rate increases? Politicos from BOTH parties are happy with it, as long as they get their campaign "contributions".
  • ISPs and piracy (Score:4, Interesting)

    by killbill! (154539) on Wednesday January 09 2008, @08:52AM (#21967552) Homepage
    "Piracy" (copyright infringement) is only allowed to continue because it makes ISPs more money than the alternative.

    ISPs know too well that without piracy, there would be little demand for expensive broadband connections. Of course, on the other hand, it has to be kept under control, lest it starts costing ISPs too much money.

    Once legal alternatives become more profitable to ISPs, pirate networks will dry up overnight. The recent assault on net neutrality is an attempt to get there... making legal download service pay for "protection".

    Yet, there is a more sensible way: the universal hosting marketplace. Imagine a P2P network where anyone can host files, and is guaranteed to be paid for each upload. ISPs could provide a large chunk of the capacity (à la Usenet), and make a bundle from that.

    Give financial value to uploads, and the most active file sharers will view illegal file sharing as a financial loss. Similarly, piracy will become an observable, tangible loss to ISPs.

    Until now, piracy was producers' problem. Give value to bandwidth, and it becomes everyone's problem.

    Disclaimer: I am currently working on an open-source solution to achieve just that (see sig). Feel free to join us. ;)
  • by sm62704 (957197) on Wednesday January 09 2008, @09:00AM (#21967664) Journal
    "At a CES forum, representatives of AT&T and other ISPs discussed the need to filter traffic at the network level, to stop the transfer of copyrighted material. An AT&T spokesman said

    Not wanting to RTFM, exactly WHY should ISPs filter traffic? The DMCA holds the ISP blameless for what goes through their "pipes".

    ...they 'would have to handle such network filtering delicately, and do more than just stop an upload dead in its tracks, or send a legalistic cease and desist form letter to a customer. "We've got to figure out a friendly way to do it, there's no doubt about it," he said.'"

    Like not stopping legitimate copyrighted traffic.

    After all, in this century (for the first time ever) as soon as something is "affixed in tangible form" copyright is granted. Everything on the internet save anything created before 1920 is copyrighted.

    All ISPs have to do to keep copyrighted material off their networks is shut down the fucking network!

    My friends' music is copyrighted. They want it shared. Star Wreck is copyrighted. They want it shared. Linux and other FOSS is copyrighted and they want it shared.

    Good luck filtering out "Star Treck - The Search for Spock" from "Star Wreck - In The Pirkinning".

    ISPs need to mind their own damned business and leave my internet traffic alone. Keep the files I can legally transmit from transmitting and you'll hear from my lawyer. This is entirely unaceptable. My ISP has no obligation nor right to filter traffic.

  • by artifex2004 (766107) on Wednesday January 09 2008, @09:01AM (#21967676) Journal
    Isn't the idea that, if you start policing for some material, you become responsible for policing all material?

  • LOL (Score:5, Funny)

    by Dunbal (464142) on Wednesday January 09 2008, @09:04AM (#21967704)
    Dear ISPs,

          You are hereby notified that the content of this slashdot post is Copyright (c) 2008 by myself. I reserve all rights to this post. Please filter it appropriately to prevent duplication of this post.

  • by petes_PoV (912422) on Wednesday January 09 2008, @10:06AM (#21968506)
    They aren't trying to protect the little guy, who copyrights a page on his/her website. This will still get passed through their filters - even if the copyright is being violated.

    All they will do is ban material that the big players (read: RIAA MPAA) want stopped.

    I doubt it will work, as the studios will still have to have a means of digital distribution, so I'm guessing that "legitimate" content will have some sort of pass- phrase or encrypted header applied. The filters will let that stuff through (to the destination in the header?) but would prevent it going elsewhere,

    What happens next is people learn how to hack or decrypt the headers (or apply their own over the top of the old header) and we're back here again.
    Plus ca change

    • But price aside, I'm curious what the Slashdot crowd thinks of the choice between ATT and Comcast simply from a moral ground. Which company, in your view, is "better"? And I don't mean which company makes it easier to pirate materials, but which company behaves more ethically?


      You're kidding, right? That's like deciding between Stalin and [censored by Godwin], between Hilary Rosen and Jack Valenti, between Britney Spears and Lindsay Lohan, etc....