Will ISP Web Content Filtering Continue To Grow?

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.

Comments

What do you think?

[mdm-adph]

Get ready for the encrypted web.

You've Agreed To It

[jcm]

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 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. Basically, folks have to understand what they are signing up for and how often it can change.

There are companies out there today, Phorm 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.

Re:You've Agreed To It

[Todd Knarr]

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.".

This is almost certainly a copyright violation

[sed quid in infernos]

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.

This is complete bullEXCELLENT

[glindsey]

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