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[ NNSquad ] Re: ISPs should own your eyes and ears, say AT&T, Cisco, McCurry


I like to use non-Internet examples to help explain Internet-related issues.
So, when we examine the supposed logic of turning ISPs -- the conduits
of all our Internet communications -- into copyright cops, it's useful
to explore how we handle other forms of communications when it comes
to civil or criminal enforcement activities.

In particular:

Do we currently allow the USPS to routinely open and scan the
contents of all physical domestic mail looking for possible
contraband or discussion of illegal activities, in the absence of a
particular party being suspected of a crime?  No, we do not.
Stalin isn't in charge here.

Do we permit phone companies to similarly routinely monitor all calls
listening for discussions of an illicit nature?  Again, we do not.

And yet, all manner of *serious* crimes could likely be discovered
in these manners, crimes *far* more devastating to life and limb
than sharing of copyrighted materials.  But as a society we have
determined that privacy in routine communications trumps pervasive
surveillance -- this is embodied in the Fourth Amendment to the U.S.
Constitution in terms of search and seizure.

This leads us to several more questions:

Is it not nonsensical and perverse to suggest that an intellectual
property crime such as copyright violation rises to such a level
that we should permit the monitoring of private communications in an
attempt to control this particular class of solely monetary
concerns, when we do not permit such monitoring for far more serious
crimes?

Is it not likely that the creation of such an Internet monitoring
infrastructure would lead to demands for routine monitoring of Net
communications for all manner of other materials or communications
considered to be illicit or illegal by the powers-that-be of the 
moment?

Will not the imposition of such monitoring regimes further hasten
the deployment of strong encryption and steganographic systems to
evade such technologies, rendering those monitoring technologies
largely impotent in the long run and triggering imposition of even
more draconian measures?

--Lauren--
NNSquad Moderator