Is ISP content filtering a crime against the Internet?

by billso on Wednesday, 28 May 2008


Courtesy of Bryan Kennedy Paul Ohm, a law pro­fes­sor at the Uni­ver­sity of Col­orado, is argu­ing that ISP con­tent fil­ter­ing is a vio­la­tion of the Fed­eral Wire­tap Statute. That’s a five-year felony sen­tence for the ISP, and per­haps for any ISP net­work admin­is­tra­tors who actu­ally set up and per­formed the mon­i­tor­ing, because the statute per­sonal and cor­po­rate responsibility.

This seems like a steep price to pay for mon­i­tor­ing traf­fic, throt­tling P2P apps and serv­ing up highly tar­geted adver­tise­ments on web pages, but AT&T, Char­ter and Com­cast seem will­ing to take the risk. Per­haps they are bet­ting on amnesty from Pres­i­dent McCain.

Ver­i­zon hasn’t imple­mented con­tent fil­ter­ing because of the legal issues. Read this arti­cle on Wired for more information.

Will video kill broadband?

Accord­ing to another Wired arti­cle, ISPs and tele­coms are grow­ing more con­cerned about IPTV — tele­vi­sion over the inter­net — as a poten­tial show­stop­per. Con­tent fil­ter­ing a la Char­ter and Com­cast is a good exam­ple of bad block­ing by ISPs. Demand for Inter­net video keeps ris­ing while band­width growth hasn’t kept pace.

If ISPs do get to use deep packet inspec­tion (DPI) to insert their own ads in web pages, Google and other web adver­tis­ers may retal­i­ate by using SSL to encrypt their web pages. That pre­vents con­tent fil­ter­ing, but the cost in the server farm may be worth the effort for Google.

The rank-and-file res­i­den­tial user may not like a slower, encrypted search engine, how­ever. Jakob Nielsen pointed out in this BBC arti­cle that Inter­net users are becom­ing more aware of latency and search accu­racy. Users want faster, more rel­e­vant search results so they can go straight to a web page with­out vis­it­ing the tar­get site’s home page first. Users have alredy learned to ignore ban­ner ads, accord­ing to Nielsen’s dis­cus­sion in this 20 June 2007 Wall Street Jour­nal arti­cle. Con­tent fil­ter­ing won’t help matters.

Image cour­tesy of bryankennedy through a Cre­ative Com­mons license.

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