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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.'"

15 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.

  2. 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 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.
    2. 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.

    3. 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...

    4. 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.

    5. 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?

  3. 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.

  4. 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.

  5. 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.
  6. 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.

  7. 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.

  8. 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.
  9. 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.
  10. 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.