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RIAA Wants Limits On Net Neutrality So ISPs Can Police File Sharing

Presto Vivace writes "Reporting for Computer World, Grant Gross writes that the RIAA is asking the FCC not to make the net neutrality rules so strict that they 'would limit broadband providers' [flexibility] to "address" illegal online file sharing.' It seems the RIAA is unclear on the concept of the Fourth Amendment. 'The FCC should not only avoid rules prohibiting ISPs from blocking illegal file trading, but it should actively encourage ISPs to do so, the RIAA said. ... Other groups called on the FCC to stay out of the copyright enforcement business. If ISPs are required to check for copyright infringement, they could interfere with legal online activities, said six digital rights and business groups, including Public Knowledge, the Consumer Electronics Association and the Electronic Frontier Foundation.'"

28 of 173 comments (clear)

  1. So basically by Anonymous Coward · · Score: 4, Interesting

    We're all for net neutrality, except that we hate the concept and it should be changed to reflect this.

    1. Re:So basically by Gerzel · · Score: 3, Insightful

      Lets see more reasons for YOU to donate, join, contribute to the EFF and other organizations working for your rights online.

  2. Meteor by tsa · · Score: 3, Insightful

    The only thing that can made the RIAA dinosaurs die out is a meteor on their headquarters.

    --

    -- Cheers!

  3. 4th amendment and the RIAA by Anonymous Coward · · Score: 4, Insightful

    I'm not a lawyer, but I did study constitutional law. I don't mean to be critical, but people should drop the concept that the Bill of Rights applies to private and/or corporate entities. They are applicable to the FEDERAL government. There is still debate on which amendments should apply to the states - e.g. the recent 2nd amendment lawsuits against state governments and D.C.

    1. Re:4th amendment and the RIAA by Skarecrow77 · · Score: 3, Informative

      Most people, even intelligent people, seem think that the US bill of rights is an invisible coat they wear everywhere they go in the real world or in cyberspace, and that it applies to them however they want it to apply to them.

    2. Re:4th amendment and the RIAA by wizardforce · · Score: 5, Informative

      There is still debate on which amendments should apply to the states - e.g. the recent 2nd amendment lawsuits against state governments and D.C.

      The 14th amendment says otherwise. Not only is the federal government barred from infringing on the first and second amendments, so are the states.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    3. Re:4th amendment and the RIAA by Anonymous Coward · · Score: 4, Insightful

      I think that was written before people envisioned companies outright owning entire governments.

    4. Re:4th amendment and the RIAA by maxume · · Score: 3, Insightful

      You misunderstand. I don't think that the ISP should be legally required to act on the information. That's where the problem is, not with the information sharing (and then there are lots of situations where I would be unhappy an organization was sharing information about me, but I can't complain too much if they simply documented some information I sent out onto the internets).

      --
      Nerd rage is the funniest rage.
    5. Re:4th amendment and the RIAA by mysidia · · Score: 5, Informative

      Yes, but the constitutional ammendments also apply to the government using private entities.

      For example, the government can't require all janitors to search for certain violations and report them directly to the government.

      The government can't legally make an end-run around the first ammendment by hiring private companies to silence a person, jam their signal, or hack into their web host and delete their blog.

      I'm suggesting the FCC requiring or encouraging ISPs to 'monitor' users activities (to determine if they were doing anything illegal) and report to the government, would be equivalent to the government itself participating in that activity...

    6. Re:4th amendment and the RIAA by mysidia · · Score: 5, Informative

      The 4th ammendment says:

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Note that at no point does the ammendment state that the restriction applies only to governmental entities or actions of the government.

      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    7. Re:4th amendment and the RIAA by CodeBuster · · Score: 4, Interesting

      you should be booted off of the internet?

      The ISP is in the business of serving subscribers who pay monthly fees. As long as your billing identity affords you plausible deniability, particularly for mobile broadband accounts, the ISP would be happy to continue selling you service under a new alias. It is an unfortunate truth that ordinary citizens, due to corrupt bargains between special interests and the government, are increasingly compelled by necessity to master the techniques of intelligence operatives simply to maintain privacy and duck silly restrictions, but that is the world that we live in today. For those who are interested, I recommend the following book. After all, the lobbyists, corporations and politicians don't play be the rules; so why should we?

    8. Re:4th amendment and the RIAA by jthill · · Score: 3, Interesting

      That is correct. And also the various assertions that the 4th doesn't restrict private entities.

      But shutting off an entire household's internet access, let alone taking their computers, is seizure, not talk, and requires either consent or legal authority. So the 4th applies.

      The police may not search your car without explicitly-stated consent. If they can see it through the windows that's fine, but that's looking, not searching. The police also may not revoke your license just because someone made accusations - the police themselves can't do it even if someone provides evidence.

      The *AA's want to turn ISPs into police who _do_ have the authority to search, not merely to look, and to revoke not just your license but the licenses of everyone in your entire household just because somebody leveled an accusation.

      Maybe you don't use the net much in your work. I don't much, now, but permanent team IRC or skype or AIM chats are widespread professional practice. Net access is very definitely as important to many people as a driver's license, and more so to quite a few.

      --
      As always, all IMO. Insert "I think" everywhere grammatically possible.
    9. Re:4th amendment and the RIAA by wizardforce · · Score: 3, Interesting

      An individual has a right to self defense. Firearms give the physically weak a strong defense against an initiation of violence from others. Can you find a good reason why someone shouldn't be able to defend themselves and their families from people who threaten their lives with lethal force if necessary? That alone is a reason to defend the 2nd amendment even if all other reasons dissolve.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
  4. pfft by arbiter1 · · Score: 4, Interesting

    RIAA just won't quit will they. Their idea would require ISP's to spend money, they don't even want to spend money to upgrade their networks to deal with increased load.

  5. Huhhnn? by girlintraining · · Score: 3, Insightful

    So what they're saying is their business model is so flawed that it can only be supported by making other businesses pay for their complete failure in the marketplace? Yeah, that makes sense... in bizarro world. The FCC is being maligned for being a "liberal" establishment, but this is about as conservative a viewpoint as it gets: They're asking for their business to get special treatment because it makes horseshoes in a automobile era. Or, put another way -- they want a bailout.

    Yes, how very liberal of them. /snark

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Huhhnn? by BitZtream · · Score: 3, Insightful

      You really do need to learn what 'liberal' and 'conservatives' think before you start making such retarded statements about such a generic political label. The only statement you've made is that you are just some douche bag who listens to the news and parrots 'liberal' and 'conservative' when referring to your team or the other team. Every time I hear someone use these words my mind instantly knows you're version of politics is about the same as my version of NFL Football.

      Please get a fucking clue and stop being such a uneducated, ignorant moron that you use those words like they actually have any sort of meaning beyond which team your rooting for.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  6. Likely without precedent by jarocho · · Score: 5, Insightful

    Quoting: "Internet service providers should have authority to block subscribers from sharing music and other files without permission of the copyright owner, the RIAA said."

    I don't think highway operators in this country have ever been compelled or encouraged to stop grand theft auto, or interstate smuggling of stolen goods... Or that phone companies have been expected to prevent con artists from swindling people out of their money to buy "beach-side" Florida swamp land. Et cetera. This would appear to be unprecedented.

    1. Re:Likely without precedent by TubeSteak · · Score: 3, Insightful

      There's nothing in the law to make ISPs filter copyrighted content.
      What the RIAA wants is to cleverly sneak in the back door and use the
      FCC's regulatory powers to force ISP level filtering.
      That's what separates this from a car analogy.

      --
      [Fuck Beta]
      o0t!
  7. analogy with mail by wizardforce · · Score: 5, Insightful

    It is a federal offense to riffle through someone else's mail. This nonsense by the RIAA and friends is like saying "yeah we agree that FEDEX etc. shouldn't be going through other peoples' mail... except to make sure that people aren't pirating things..." Everyone understands that position to be completely ridiculous so why is it that the concept is so difficult to apply to internet packets etc? Just as your mail is legally protected from being ripped open by others, so should your internet packets. It isn't the job of ISPs to do the RIAA's work nor is it their right to riffle through your online activities at their whim.

    --
    Sigs are too short to say anything truly profound so read the above post instead.
  8. Do ISPs really wish to block infringing content? by Adrian+Lopez · · Score: 3, Insightful

    I serously doubt that ISPs would want to take on the role of online copyright police, though some might welcome it as an excuse to block or throttle bandwidth-heavy, potentially infringing traffic (anything P2P, for instance, or perhaps -- even more nefariously -- anything not explicitly added to an ISPs whitelist of official content). Otherwise, it seems to me the added burden of filtering illegal downloads specifically is something ISPs would rather avoid (but which the RIAA would love to impose).

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  9. "Could do" absolutely, "should"...I think not! by Anonymous Coward · · Score: 3, Interesting

    The RIAA is correct that the ISPs are in a unique position in that they easily (relatively speaking, of course) could implement safeguards to stop the trafficking of any files they want. There are some hiccups in a potential implementation, and it wouldn't come cheap, but the RIAA is at least correct that the easiest--nay, only--way to stop file trading is to cut it off at the source.

    What they don't get, however, is that the ISPs have no obligation to them to do this. It doesn't sound like the RIAA is willing to pony up the cost for this (at least, they aren't volunteering), or otherwise contribute to making it work. It sounds more like they've decided that the FCC and the ISPs should help them, since they've proven to the world at large that they're not capable of helping themselves. I don't see what makes them feel they've earned the right to be "saved." It's ludicrous.

    How about newspapers? Those are fundamentally far more important to society than entertainment music. Yet, advertisers have increased their dollars spent online, leaving less to be spent in papers; further, the wider reach of the internet is more attractive than a page in a newspaper that reaches, in major markets, a few million (and that's only a handful of places). Further, of those million, only a fraction will actually see the ad, since few people read every section of the paper. So, newpapers are going under all over the country, yet no one seems to be crying to save them. How about we help them out first?

  10. Already patented. by GiveBenADollar · · Score: 5, Funny

    The RIAA can't legally do this because I already have a patent on: 'A technique for alienating your consumers by persecuting them.' US Patent 3,141,592 So I will charge a licensing fee of a modest 1 million dollars for every potential user of every ISP that uses this. Or approximately the population of the earth^3 million dollars. Now I'm worried they may use it anyway, so I've already applied to have a tax instituted in Europe to make up for the losses of every potential infringement on my patent.

  11. Re:Do ISPs really wish to block infringing content by Adrian+Lopez · · Score: 3, Insightful

    ISPs have far easier tools to cut down P2P traffic if they so choose, without that damocletian sword called liability dangling over their heads.

    They can do that now, but if net neutrality law prevented them from throttling P2P traffic then a "copyright infringement" loophole might enable them to block all instances of suspected copyright infringement (e.g. anything sent over P2P) rather than actual copyright infringement.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  12. Me think by Hymer · · Score: 5, Insightful

    That RIAA, MPAA BSA etc. are dangerous terrorist organizations conspiring against the constitution of the United States of America and several other western countries.
    They are more dangerous than armed terrorist because they are trying to minimize the rights/freedom of people. If we need laws like they want we also need a non-transferable copyright which is held only by the artist/writer/inventor and expires when the holder dies.
    Don't get me wrong, I do not like or support piracy but the ideas of those people reminds me of Stasi, KGB or NKVD.

  13. It's not their job by davidwr · · Score: 4, Insightful

    It's not Blockbuster's job to make sure I don't make copies of the movies I rent either.

    It's not my power company's job to make sure I'm not using electricity to run my DVD-duplicator.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  14. national cyber security coordinator threat to net by emaname · · Score: 4, Informative

    From a recent PBS Newshour analysis AIR DATE: Dec. 22, 2009
    Subject: How Dangerous is the Cyber Crime Threat?

    JEFFREY BROWN: Well, in fact, President Obama had talked about doing this as early as May. And then there were reports that it was taking a while to fill the position or to figure out who that person would report to.

    JAMES LEWIS: There's a dispute in the White House and in the administration. And I think that slowed things down. Some people think it's best to leave the Internet alone, let it be the Wild West, let it continue to have a limited role for government, and the Internet community will find its way out of this problem. I don't happen to agree. I'm not sure where Howard comes out on this, but...

    JEFFREY BROWN: Don't you agree why?

    JAMES LEWIS: I don't, because we have tried letting the Internet community solve this. We have tried seeing if it was a self-organizing global commons. It hasn't worked. It's just like the Wild West. Time to move in the marshals.

    http://www.pbs.org/newshour/bb/science/july-dec09/cyber_12-22.html

    --
    An effective "democracy" creates the illusion the people have a say in their government.
  15. What a stretch by Anonymous Coward · · Score: 3, Insightful

    Being forced to pay for content consumed is a far cry from involuntary servitude.

    Being forced to expend resources policing your network so you can report crimes might qualify as involuntary servitude, though I think that is a stretch too.

    There are much better arguments against what the RIAA is proposing than this 'its slavery' nonsense. Proposing something this far from rational just makes you, and everyone on your side of the fence, look irrational, and weakens your position overall.

    You aren't helping. Please, stop.

  16. Re:Corrupt FCC has no jurisdiction over TCPIP by Draek · · Score: 4, Insightful

    The FCC wasn't created to do TCPIP.

    IT WAS CREATED TO DEAL WITH POWER AND FREQUENCY!

    Err, yeah. And the British Army was created to deal with swords and pikes, not assault rifles.

    I agree that these kinds of legislations should be kept out of the internet at large, not just the web, but your argument just plain sucks.

    --
    No problem is insoluble in all conceivable circumstances.