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New Tool Promises To Passively ldentify BitTorrent Files

QuietR10t writes "A new technique has been developed for detecting and tracking illegal content transferred using the BitTorrent file-trading protocol. According to its creators, the approach can monitor networks without interrupting the flow of data and provides investigators with hard evidence of illicit file transfers. 'Our system differs in that it is completely passive, meaning that it does not change any information entering or leaving a network,' says Schrader." I wonder if it can specifically identify legal content, too.

67 of 265 comments (clear)

  1. Encryption? by hansamurai · · Score: 4, Insightful

    I'm assuming this has no chance of defeating encrypted connections?

    1. Re:Encryption? by fuzzyfuzzyfungus · · Score: 4, Informative

      TFA confirms it, near the end of the second page. It also only currently works at 100 megabits/second.

    2. Re:Encryption? by eldavojohn · · Score: 5, Informative

      I'm assuming this has no chance of defeating encrypted connections?

      The article explicitly says it cannot recognize encrypted files as the method cannot identify them with a hash. Although, I doubt anyone could think of a good way to ID files in encrypted BitTorrent.

      I thought my summary submitted this morning did a better job describing this but you should note that this has some key things to overcome before it can be used:

      • Has not been tested for false positives (explicitly stated by a researcher in the article). This has been known to totally render a technology unusable (face recognition, anyone?).
      • Their device only works on up to one hundred megabit per second before it starts to act as a choke point which makes it usefull only on a small scale (not for police/ISPs).
      • Does not work on encrypted files.

      They seriously need to overcome these obstacles before illegal file sharers should worry about it being used to target people.

      --
      My work here is dung.
    3. Re:Encryption? by jandrese · · Score: 3, Interesting

      TFA specifially says that it doesn't work on encrypted traffic. In fact the whole thing seems to have some rather bogus qualities to it.

      It uses a FPGA, but is stuck at a rather pokey 100Mbps. All it does is compare the encoded hash value in the Bittorrent header against a list of known illegal hashes. Hashes you have to program manually.

      I've seen commercial boxes that you can already buy that do a lot more than this and faster. He made a big deal about it not disturbing the network, but that's a standard feature. Unless this thing is dirt cheap or something, I don't really see the application.

      --

      I read the internet for the articles.
    4. Re:Encryption? by genner · · Score: 3, Funny

      TFA confirms it, near the end of the second page. It also only currently works at 100 megabits/second.

      So my oc4 line is safe!

    5. Re:Encryption? by El+Torico · · Score: 2, Insightful

      I've seen commercial boxes that you can already buy that do a lot more than this and faster. He made a big deal about it not disturbing the network, but that's a standard feature. Unless this thing is dirt cheap or something, I don't really see the application.

      I think that the manufacturer will try to pimp this as an "IP Compliance Product" to ISPs and madly lobby every politician they can bribe, err, I mean donate to.

      --
      In the land of the blind, the one-eyed man is usually crucified.
    6. Re:Encryption? by Dreadneck · · Score: 5, Insightful

      They seriously need to overcome these obstacles before illegal file sharers should worry about it being used to target people.

      I strongly disagree. People need to start raising hell about this Big Brother bullshit now. Technology like this operates under the assumption that ALL users are criminals until proven innocent and blatantly violates the 4th amendment(in the U.S. at least).

      Furthermore, does anyone here honestly believe that this type of technology will only be used to stop copyright infringement and kiddie porn? This technology smacks of oppression and the quashing of political dissent.

      --
      Power does not corrupt - power attracts the corrupt.
    7. Re:Encryption? by Joce640k · · Score: 2, Funny

      It knows every "illegal" hash on the Intertubes?

      If it does that's more newsworthy than the gadget itself.

      --
      No sig today...
    8. Re:Encryption? by Gerzel · · Score: 3, Insightful

      The reason we go after copyright infringement, kiddie porn(well porn in general as it is always lumped in if at all possible to kiddie porn), and things like majauana is to make as much of the general populace guilty of something that is both against the law and seen as deeply wrong with the person.

      Once this is achieved the person can easily be moved to a status of lesser or non-personhood.

      Example is a "Sex Offender" law. Such laws are created inevitably to protect children. However, sex offender includes any offense that is deemed sexual in nature. Public nudity, an argument with a spouse that turns violent which may indeed be an isolated incident and as much at fault with the spouse(I'm not talking about someone who regularly beats their spouse), or just pissing on the sidewalk because there is no where else to go for miles. Everyone is lumped in and assumed to behave like the worst offenders in the group, the serial rapists and violent pedophiles.

    9. Re:Encryption? by noidentity · · Score: 5, Funny

      this has some key things to overcome before it can be used:

      * Has not been tested for false positives (explicitly stated by a researcher in the article).

      Here's my implementation. It also hasn't been tested for false-positives, but I'm hopeful:

      bool is_illicit_content( /* may need parameters in the future */ ) { return true; }

    10. Re:Encryption? by Dreadneck · · Score: 4, Interesting

      Right, because we all know that this technology couldn't possibly be used to analyze anything other than bittorrent traffic. It would be totally impossible to use it to inspect emails, right? That's just crazy science fiction - no way could it happen in the real world. Besides, we all know that only criminals use bittorrent. Who would possibly think of using it to distribute political documentaries or leaked government documents?

      --
      Power does not corrupt - power attracts the corrupt.
    11. Re:Encryption? by Dreadneck · · Score: 2, Insightful

      You're conflating a privilege - driving an automobile on public roads - with a constitutionally protected right against unwarranted search and seizure of private communications. Even so, if a cop is sitting at a speed trap checking the speed of every vehicle that passes by, then, YES, the assumption is that everyone is breaking the law until proven innocent by the radar gun.

      --
      Power does not corrupt - power attracts the corrupt.
    12. Re:Encryption? by cbiltcliffe · · Score: 2, Funny

      Depends how it works.

      I'm betting something like this:

      $data = read_data_stream($eth)
      if (get_protocol($data) == "bittorrent")
            {
            $illegal_content = 1;
      } else
            {
            $illegal_content = 0;
      }

      In which case, encrypted or not, you're still guilty.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    13. Re:Encryption? by cbiltcliffe · · Score: 4, Funny

      Sure it is. But when it seems to slow down to 100Mb, shortly, it's just network maintenance. Honest.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    14. Re:Encryption? by cerberusss · · Score: 2, Informative

      All it does is compare the encoded hash value in the Bittorrent header against a list of known illegal hashes. Hashes you have to program manually.

      That sounds exactly how Snort works.

      I guess if you had a bunch of hashes, you could put these in a configuration and basically have the described functionality.

      I've analyzed Snort more than 6 years ago and also remembered that it couldn't operate on more than 100Mbit. Might've been a change here and there, though.

      --
      8 of 13 people found this answer helpful. Did you?
    15. Re:Encryption? by thePowerOfGrayskull · · Score: 2, Interesting

      -Roadside cameras reading every license plate to find stolen cars and people with warrants on them.

      Alright, I know this won't be a popular view, but is that a Bad Idea?

      I don't mean the theoretical slippery slope arguments about loss of privacy - if you're out driving, you don't have it to begin with. Who loses in this scenario? The guy who gets his car back... guess not him. The people driving legal cars? Nuh uh. The people driving who have no outstanding warrants? Nope, not them either. Seems the list of people who actually lose is pretty narrow (ie, those who have stolen or have warrants out for them).

      Naturally, it can be abused - Anything designed to aid law enforcement can be abused and it would be a lie to say that such tools are /not/ ever abused. But is that enough to make it a bad idea?

    16. Re:Encryption? by mochan_s · · Score: 2, Interesting

      I was wondering, would this defeat this scheme?

      Let bittorrent deliberately make errors in the data transmitted. Hashing is very sensitive to small changes.

      Also, transmit it with error correcting codes so that it can be put back together by the receiver but the hasher gets garbage.

      Finally, so that the hasher doesn't do the error correcting themselves, send the parity encrypted with the keys exchanged beforehand.

      I suppose it's still open to man in the middle attack though.

  2. Evil Bit by Lord+Byron+II · · Score: 5, Funny

    For the record, I have a rule in my iptables that specifically turns off the "evil bit" in any of outgoing packets. Thank God for Linux! =)

    1. Re:Evil Bit by VValdo · · Score: 3, Funny

      wut

      It's all detailed in RFC3514.

      W

      --
      -------------------
      This is my SIG. There are many like it, but this one is mine.
    2. Re:Evil Bit by DiegoBravo · · Score: 2, Funny

      > Slashdot does not reward karma for "funny" mods

      Yes, and this is one of the silliest things in /. The most informed and insightful teachers I had at school and university were also funny most of the time when delivering lectures, and of course this applies for comments too.

  3. It's called Port Mirroring by alta · · Score: 5, Informative

    And my $200 24 port gigabit switch from Dell will do it. And that's a cheap piece of crap. For the 3 of you who don't already know, You specify one port on the switch to receive a copy of all traffic on the entire switch, a vlan or a specific port. Then you can hook etherial to that port and monitor all of the traffic without modifying the original. OOOOhhhh, magic eh?

    Anyway, even after I RTFA, I still didn't see anything that this thing does that my cheap port and a P2 running etherial couldn't do.

    --
    Do not meddle in the affairs of sysadmins, for they are subtle, and quick to anger.
    1. Re:It's called Port Mirroring by tijsvd · · Score: 2, Insightful

      Two points.

      One: the mirror port (aka span port) on your switch does not buffer the traffic, and will drop packets in any spike. That's true even for expensive Cisco switches. To get all traffic, you need a network tap on a line.

      Two: getting the traffic isn't hard. It's basic sniffing. Analysing the traffic in realtime is what matters.

  4. Re:Carrier Status? by commodore64_love · · Score: 5, Informative

    I wish people would stop repeating this urban legend. ISPs do NOT have common carrier status. I wish they did, but they don't.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  5. hmm by Anonymous Coward · · Score: 5, Interesting

    More restrictions on content? More encryption.

    Better cracking techniques? Better encryption.

    Tyrannical government? Revolution.

    1. Re:hmm by OSDever · · Score: 2, Insightful

      I believe that falls under "Tyrannical government? Revolution."

      --
      What is the airspeed of a fully laden swallow?
  6. Completely Biased and Worthless by RingDev · · Score: 5, Interesting

    Another drawback is that the system cannot cope with encrypted files. "Today, about 25 percent of BitTorrent traffic is encrypted," says Schulze. If such a tool became widely used, then anyone with something to hide would almost certainly switch to using encryption, he says.

    If you make breathing illegal, only criminals with breath.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    1. Re:Completely Biased and Worthless by azgard · · Score: 3, Insightful

      Or, everybody will become a criminal.

  7. Yawn by happyemoticon · · Score: 3, Interesting

    From the article:

    Then the system looks at the files' hash, a unique identifying code used to coordinate the simultaneous download of hundreds of file fragments by different users. If a hash matches any stored in a database of prohibited hashes, then the system will make a record of the transfer and store the network addresses involved.

    I mean, you could easily scrape some torrent sites for hashes, but it seems like this system would be fairly easy to circumvent. All you'd have to do is come of with some system for changing the hash on a peer-specific basis.

    1. Re:Yawn by blueg3 · · Score: 5, Informative

      If I read the article correctly, what they're really doing is looking at the BitTorrent infohash, which is used when communicating with the tracker and other peers to identify the torrent. (The infohash uniquely identifies the torrent.) Having a different infohash for each peer would require significant BitTorrent reengineering, I would think.

      However, it's defeated by encryption, cannot legally be used in the U.S. or Europe by ISPs, and relies on a blacklist of illicit torrents.

    2. Re:Yawn by DMoylan · · Score: 3, Insightful

      >cannot legally be used in the U.S. or Europe

      when has that ever stopped anybody?

  8. Wait, wait, slow down there... by fuzzyfuzzyfungus · · Score: 5, Insightful

    So, you're telling me that, given a set of hashes corresponding to "Prohibited content" and access to all the packets moving across a network, you can detect prohibited content? Why, it's a miracle of science!

    Seriously, this is news? It has been possible, with the complicity of the router or physical access to the wire, to unobtrusively and undetectably tap a network since forever. That isn't news. And being able to identifiy files whose hashes you have ahead of time? Also not news, especially since bittorrent uses hashes extensively itself, and was never designed for subtlety or concealment.

    I realize that Technology Review lost interest in technology years ago, and now spends most of its time fellating venture capitalists; but this is pathetic.

  9. Re:Carrier Status? by Jane+Q.+Public · · Score: 5, Insightful

    They SHOULD. As long as they do not alter or supply content themselves.

    The whole concept of common carrier was to account for services such as ISPs. Of course telephone systems were the first real examples, but the concept is still the same: a communications channel, where a service can carry those communications from point to point, without altering, supplying, or monitoring content.

    I know of no logical reason why ISPs should not be "common carriers". They are ideal candidates to be. As long as they keep their fat fingers off the content.

    And THEY should be in support of the concept, because if they cannot claim the "common carrier defense" (i.e., no responsibility for content), then they have some very heavy legal liability issues that common carriers do not have to deal with.

  10. Re:Not yet by blueg3 · · Score: 4, Funny

    He probably read page 2 of the article,.

  11. Re:Carrier Status? by click2005 · · Score: 3, Interesting

    How would you start lobbying congress about making it reality? Common Carrier status in exchange for Net Neutrality.

    When the phone companies switch to a fully IP based network like BT is doing over here in the UK, will they lose the common carrier status?
    The difference between Telco & ISP is so thin these days already that i'm surprised the law has never been updated.

    I'm not asking you specifically, just anyone who might know.

    --
    I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
  12. Re:Developed by the Air Force by jandrese · · Score: 2, Informative

    For those of you who are wondering, my guess is Cee Pee is Child Porn.

    --

    I read the internet for the articles.
  13. So... by Adrian+Lopez · · Score: 4, Funny

    So... they invented packet sniffing?

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  14. Re:Encrypted traffic... by Kjella · · Score: 3, Insightful

    And if they did that, we could start having the tracker negotiate SSL keys for us. If they tried going after the tracker traffic, we could make that HTTPS. If they started faking the certs, we could move to OpenDNS or install a "trusted" torrent root cert. That is a battle they could not win.

    --
    Live today, because you never know what tomorrow brings
  15. Re:Encrypted traffic... by Shakrai · · Score: 4, Insightful

    In theory, they could attack encryption with man-in-the-middle during the key exchange

    In theory, isn't this (or shouldn't this) all be illegal under wiretapping laws anyway?

    As a private citizen I don't have the right to start monitoring my neighbors phone calls (even if those calls are broadcast into my house without encryption) just because I suspect she is dealing drugs. What gives my ISP the right to start monitoring my packets just because they suspect I'm pirating something?

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  16. Re:Carrier Status? by Kjella · · Score: 4, Informative

    The short story: There's more to being a common carrier than lack of liability, and ISPs don't want it. ISPs have liability protections under USC 17512 which are very strong and thus under heavy lobbying attack, but they are *not* repsponsible for content today. Read it yourself, it's surprisingly clear.

    --
    Live today, because you never know what tomorrow brings
  17. Re:Not yet by rts008 · · Score: 2, Informative

    Which article did you read? The one linked in the summary says the method is fast, and it makes no mention of encryption.

    Well, this article claims that it is too slow @100Mb/s for ISP and law enforcement use. And it is defeated by encryption.(yes, that is the same article that is linked in the summary!)
    FTA:

    Even if the legal framework were to allow the technology, it is not quite ready to go. Tests of the system, details of which will be published later this year in a book called Advances in Digital Forensics V, showed that it was effective at detecting 99 percent of illicit files, but only at speeds of 100 megabits per second.

    That's too slow for commercial or law-enforcement purposes, according to Anderson. Schulze agrees: "One gigabit per second or ten gigabits per second are required today to monitor a network." He also says that it is unclear whether the system might produce false positives, incorrectly labeling legitimate files as illegal.

    Another drawback is that the system cannot cope with encrypted files. "Today, about 25 percent of BitTorrent traffic is encrypted," says Schulze. If such a tool became widely used, then anyone with something to hide would almost certainly switch to using encryption, he says.

    [emphasis mine]

    Admittedly, this was all on the second page of TFA, but it is there.

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  18. Re:Not yet by Rary · · Score: 3, Funny

    He probably read page 2 of the article,.

    Ouch! Wow, do I feel like a retread.

    Oh well. Allow me to turn this around and make it the website's fault instead of mine: who the hell decided that such a short article needed to be split into two pages? This isn't a print medium. Have they never heard of the scrollbar?

    I'll go away now.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  19. Re:Encrypted traffic... by headbulb · · Score: 2, Insightful

    He was talking about using a man in the middle attack. Both parties think they are talking to eachother.

    It doesn't matter if the tracker sends us a SSL key for us if a man in the middle attack can be used. The only way to be sure the key isn't altered is to get that key directly from the source. How you do that is up to you.

    There isn't much that is open about "OpenDNS". OpenDNS is a bad solution for a non-issue problem. Please stop advertising for them.

    What we should be fighting for is for isp's to be common carriers. Then there really isn't a market for this type of monitoring hardware. Other then for some company firewall.

  20. Re:Carrier Status? by Anonymous Coward · · Score: 2, Interesting

    "...then they have some very heavy legal liability issues that common carriers do not have to deal with."

    I've always wondered how Earthlink, RR, etc. can get away with all the warez, music, movies, and porn hosted on their own usenet servers, and made available to their subscribers.

  21. Re:Encrypted traffic... by Shakrai · · Score: 4, Informative

    New York State Penal Law:

    250.05 Eavesdropping.
    A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication.
    Eavesdropping is a class E felony.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  22. Re:Encrypted traffic... by Sloppy · · Score: 4, Interesting

    That's a lot of "we could"s. How about just using the global OpenPGP WoT, and stopping the problem in its tracks?

    Once you have a distributed authentication system (which is what lets you exchange keys safely), email is just one of the applications you can build on it. Sounds like you guys have another. Whatever. The more things it's used for (the more people who connect to the WoT) the better it works for everyone.

    Quit building a redundant but also specialized infrastructure, and instead, join the original.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  23. Re:Not yet by pipatron · · Score: 2, Informative

    who the hell decided that such a short article needed to be split into two pages?

    The guy who wants to get a lot of ad revenue by making you see more ads.

    --
    c++; /* this makes c bigger but returns the old value */
  24. Obsolete from the start by EdIII · · Score: 2, Insightful

    It also means that it's impossible for users to tell if a network is being monitored

    "Our system differs in that it is completely passive, meaning that it does not change any information entering or leaving a network,"

    This is nothing new and it's just meaningless marketing drivel. It's impossible to tell that *any* network is being monitored. It's not like you could buy an electronic device in a spy shop that can detect network monitoring. Throttling and "traffic management" are different since that is changing the network traffic.

    There is only one type of network that can prevent a 3rd party from being able to copy the network traffic. Quantum communications provides that type of infrastructure by making it *impossible* to read the traffic without destroying it.

    It's not like network monitoring is really a problem anyways. If you want privacy then just use encryption.

    "Our system does not modify traffic in any way, nor does it interfere in the delivery of traffic either in or out of a network,"

    Ohhh, you mean it's useless right? Everyone involved knows that a large amount of torrent traffic is infringing on various copyrights. The goal of the ISPs is to protect their profit margins. They sell unlimited but expect limited. They don't care whether traffic is illicit or not, just that it does not interfere with their business models. The MAFIAA is interested in the contents of the traffic and could care less about network congestion and bandwidth issues. Until the ISPs actually start caring about content, the goals of these two groups are not the same.

    Enter Net Neutrality. Only when it is in the financial interests of ISPs to care about content will they start to listen to the MAFIAA. Obviously they could not reach an agreement since the MAFIAA is going to the whores in various legislatures to trade our freedoms for the protection of a few group's business models.

    Note, that I don't support piracy on principle. However, I will not give up my rights to privacy and anonymity to protect someone else's copyrights either.

    Schulze adds that the approach relies on having an up-to-date list of illegal files. "The system has to update a huge list of file hashes frequently," he says. "Somebody has to qualify the hashes as copyright infringements or other criminal content."

    That sounds really easy doesn't? Of course there are only a few dozen really popular public trackers out there they can scrape the thousands and thousands of new torrents each day to update their tables. Don't forget about all the private trackers either that add a file or two that changes the hash to be different from the public torrents containing some of the same files.

    Yep. This should be really easy. I can't possibly see how this task could not be reasonably accomplished with just a few salaried personnel on daily basis.

    From a legal standpoint, Schulze says that privacy may be a more significant problem. "Neither the U.S. nor any European country would allow [anyone] to install a device that inspects the traffic of every user just to stop Internet piracy," he says. "In this approach, every user is considered to be suspicious."

    I laughed so hard I almost peed myself at this point. Legal viewpoints change more frequently than the weather. If there is enough pressure from private interests in the U.S and abroad I don't think a little thing like privacy will stop them.

    Even if the legal framework were to allow the technology, it is not quite ready to go. Tests of the system, details of which will be published later this year in a book called Advances in Digital Forensics V, showed that it was effective at detecting 99 percent of illicit files, but only at speeds of 100 megabits per second.

    I just knew there was a p

  25. Re:Encrypted traffic... by Anonymous Coward · · Score: 2, Insightful

    The word "unlawfully" means that it all depends on who is holding the money.

  26. Re:Carrier Status? by Wesley+Felter · · Score: 4, Informative

    Usenet probably counts as a cache under section 512(b) of the DMCA; as long as ISPs process takedown notices correctly they have no liability. Also see ALS Scan v. Remarq. IANAL.

  27. Unclear wording by Rix · · Score: 5, Informative

    This doesn't identify someone downloading a file via bittorrent, it identifies someone downloading a *.bittorrent file (presumably via http).

    This is a non-issue. If anyone actually starts using this, trackers will just start using shttp for their torrent files. They're small and (relatively) low traffic, so it would be a negligible performance issue.

    The only notable thing about this article is that it points out how clueless tech journalists really are.

  28. Re:Not yet by Rary · · Score: 3, Funny

    who the hell decided that such a short article needed to be split into two pages?

    The guy who wants to get a lot of ad revenue by making you see more ads.

    Someone should point out to that guy that he put the same ads on both pages.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  29. They've never heard of salting? by Anonymous Coward · · Score: 2, Informative

    There's a well-known technique for dealing with dictionaries of hashes - add some meaningless bits to the content before computing the hash, so that the number of possible hashes increases. This is cheap for everyone except a person trying to keep a dictionary of all possible hashes.

  30. Re:Not yet by Moryath · · Score: 2, Insightful

    Yes but by splitting to two pages he made sure he "served" the ads twice, so gets paid for twice as many "pageviews..."

  31. Re:Carrier Status? by tonyray · · Score: 5, Insightful

    The reason ISP's are not common carriers dates back to dial-up modem Internet. The Telco's wanted to charge ISP's by the minute just like they do long-distance carriers for access to their network. The FCC got involved in this and used AOL as a model. AOL had these huge caching servers so AOL customer's web page requests rarely went out onto the Internet; instead they were served from the caches. So the FCC ruled that ISP's were delivering content and were not themselves carriers.

    The Telcos are now (with broadband) satisfied with the content provider status as it saves them a lot of headaches, fees and taxes on their own Internet services. Broadband is far closer to a carrier service than a content service, but I don't see thing changing.

  32. Re:Carrier Status? by Jane+Q.+Public · · Score: 4, Informative

    You think I don't understand this?

    If you read the content of USC 17512 yourself, you will see that it addresses exactly the same kind of protections that I stated, and that if they do alter or supply the content, they lose the protection of the law. While this does not directly pertain to actual, "official" common carrier status, this is still often referred to as the "common carrier defense", since the principal is exactly the same. Why did YOU not know that?

    In any case, since that is out of the way: what are these other reasons that you assert are the cause of ISPs not wanting to be common carriers? That is more to the point.

  33. This is useless by s_p_oneil · · Score: 3, Informative

    "Another drawback is that the system cannot cope with encrypted files."

    Even the article mentions that anyone doing something they want to hide is more likely to check the "encrypted only" checkbox. I work on NetSpective WebFilter, which has been passively identifying encrypted protocols that try to hide themselves like encrypted BitTorrent (both standard and Azureus), Skype, and UltraSurf for years. It also lets you choose to block any of these protocols you don't want on your network.

    "If a hash matches any stored in a database of prohibited hashes, then the system will make a record of the transfer and store the network addresses involved."

    Maintaining a list of hashes is not a new idea, as they seem to claim. It was abandoned because the list is insanely painful to manage, and it is insanely easy to get around. These guys aren't even trying to provide a list, which might be worth something (until the hackers put in the time to work around it). They're just sniffing/logging the hashes, which is child's play and worth almost nothing.

  34. Re:Carrier Status? by Jane+Q.+Public · · Score: 4, Interesting

    This is a very good point and part of what I was saying. I see no ACTUAL difference between what were once known as "common carriers" and ISPs, EXCEPT that they seem to want to provide content.

    However, here in the U.S., the government (the FCC in particular) has historically been adamant about keeping carriers and content separate, largely because of the danger of monopolistic practices on the part of a corporation that was both the content carrier and the content provider. Another concern was that if carriers (which tend to be large and centric) controlled content as well, there would be too much control over services like news, for example. And I see no logical reason that policy should change, considering that the concerns are at least as valid today as back when the policy was first formulated, decades ago.

  35. Re:Carrier Status? by Jurily · · Score: 4, Funny

    Usenet probably counts as a cache under section 512(b) of the DMCA; as long as ISPs process takedown notices correctly they have no liability.

    alt.binaries.takedownnotices?

  36. Re:Encrypted traffic... by headbulb · · Score: 2, Insightful

    It's funny you just proved my point.

    The internet is in an insecure network. How does anyone know if they have a secure connection? Sure they can know this once a private/public key pair has been exchanged. But how do we know that the public key given to us is good if there is man in the middle to intercept the keys between the "trusted groups"

    I should have been more descriptive. Without physically exchanging the keys with the other parties there isn't a way for an automated system to know; Without testing, but then the middle man can make it so those tests pass. (A smart human could check)

    You're assumption of there being a secure path over an unsecure network is what's wrong. If the keys/certificates can be exchanged in a way of knowing that they havn't been (all) intercepted and then altered Then the encryption would work.

    But since there is so much information traversing the network all that I just talked about is theoretical and isn't very probable. Encryption is hairy stuff, since you have to cover all points of possible exploitation.

    Do you see what I see? Back to my original point we need our isp's to take on true common carrier status.

  37. Re:Carrier Status? by Anonymous Coward · · Score: 2, Informative

    This is an opinion, NOT legal advice; for legal advice, please see a competent attorney in your jurisdiction.

    An ISP which provides access (and does not host end-user systems directly on its network) doesn't have, and has never had, "common carrier".

    They do, however, have immunity for liability under monetary relief for copyright infringement under 17 USC 512(a) (Digital Millennium Copyright Act), unless they filter, modify or cache their traffic. (Cache is covered under (b), hosting under (c); note there are no required takedown provisions under (a), i.e., takedowns are not valid in that context.)

    [Please note that (j)(1)(B)(i) provides that they can be made the subject of injunctions to cut the downstream off if in the US by terminating the infringing account [if identified], and (ii) that they can be ordered to take "reasonable steps specified [...] to block access, to a specific, identified, online location outside the United States". But that's it. No ex parte Orders (excepting Orders "ensuring the preservation of evidence or other orders having no material adverse effect on the operation of the service provider's communications network"). No equitable relief. No monetary relief.

    Whether or not actually complying with such an Order would constitute an action which could affect your immunity under subsection (a) is, however, unclear; this may be an oversight in the drafting of the statute.

    But, then, I'm not qualified in the US, so I'm leaving that question open to the ones who are.]

  38. Re:Not yet by redJag · · Score: 2, Insightful

    Actually, most ad services I've seen don't give you an impression for the same visitor on the same ad on different pages if they are within a certain window of viewing. A lot of ad providers don't even pay for impressions anymore since advertisers are finding less value in internet ad impressions as time goes on. Sometimes you will find a startup ad provider that pays per thousand impressions, but as they go on that value decreases towards zero. Places like Google AdSense only give you the "estimated cash per thousand" which at this point just tells you the same thing as your click thru rating since nearly all revenue is generated on clicks. Click or go home.

  39. Re:ATTN !! Is this a good thing or a bad thing? by Lucky75 · · Score: 4, Insightful

    Can someone please explain to me how they plan to view the files of encrypted traffic without it being illegal?

    One would think that if they happen to decrypt anything with copyright protection that it would then violate the DCMA, as per various ridiculous recent rulings of the sort.

    ...or, you know, just be plain illegal due to attempting to access people's personal files.

    --
    DNA -- National Dyslexic Association
  40. Re:Encrypted traffic... by greenbird · · Score: 2, Insightful

    What gives my ISP the right to start monitoring my packets just because they suspect I'm pirating something?

    It's for the children. We must protect the children. Are you one of those evil child porn supporters? If your against this you're a child pornographer.

    All you have to do is add this and all politicians will support it and no publication will speak out against it. Haven't you read Mein Kampf?

    --
    Who is John Galt?
  41. Re:Carrier Status? by Dun+Malg · · Score: 3, Informative

    I wish people would stop repeating this urban legend. ISPs do NOT have common carrier status. I wish they did, but they don't.

    The "safe harbor" provisions of the DMCA create a situation for ISPs that gives them common carrier status in all but name. So yes, people should stop saying "give up their common carrier status", and instead say "fail to meet the conditions of DMCA Safe Harbor".

    --
    If a job's not worth doing, it's not worth doing right.
  42. Re:Carrier Status? by Jane+Q.+Public · · Score: 3, Informative

    They still have liability if they supply, alter, or control the content in any way. As long as the content is supplied by others, and remains unaltered and uncensored, then there is no liability.

    Oh, yes, that is another important point. Censorship or moderation of a forum is de facto control of content, which generally means that the censor has legally assumed liability (or at least some of the liability) for that content.

    For example, in a libel case involving an AOL online chatroom, both the poster of the alleged libel and AOL were named as defendants. AOL tried to wiggle out of the suit by claiming immunity via the "common carrier defense", but the judge did not allow that because they moderated the chatroom, which means they actively controlled the content.

  43. Re:ATTN !! Is this a good thing or a bad thing? by Ashriel · · Score: 4, Informative

    If you read the article, you know the answer to these questions.

    They plan to sniff for the hash, of course, and compare it to a list of hashes for "forbidden files".

    It's not new technology - the same approach is used in China (according to the article).

    And no, I don't think this is legal in the EU (not yet at least), and certainly not in the U.S., as it requires sniffing through everybody's stuff, regardless of what they're downloading.

  44. Re:ATTN !! Is this a good thing or a bad thing? by Migity · · Score: 3, Informative

    From TFA

    Another drawback is that the system cannot cope with encrypted files. "Today, about 25 percent of BitTorrent traffic is encrypted," says Schulze. If such a tool became widely used, then anyone with something to hide would almost certainly switch to using encryption, he says.

    /ducks for reading TFA