Linked by Thom Holwerda on Thu 24th Nov 2011 11:15 UTC
Legal While the US is still pondering SOPA, we just got some absolutely fantastic news out of Europe. The European Court of Justice, the highest court in the European Union, has just ruled that P2P filters installed by ISPs violate the European Directive on electronic commerce as well as fundamental rights [full ruling]. This is a hugely important ruling that effectively protects all member states of the European Union from ever being subjected to ISP filtering and spying.
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RE[4]: Comment by Laurence
by DetunizedGravity on Fri 25th Nov 2011 15:47 UTC in reply to "RE[3]: Comment by Laurence"
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Well yes, DPI, really.

You'd be right to say that it is definitely not reasonable to even consider searching all electronics communications in, say, the U.S.A. through which most worldwide Internet traffic transits. At least not to compare it with an hypothetic database of all protected content. It just doesn't make sense. Too much volume, not enough centralization.

That doesn't mean that it NEVER makes sense, though...

I believe that today technologies allow deploying DPI on a global scale in smaller, less democratic countries, where bandwith is sparse and all traffic is centralized through a small number of govt controlled access points. This is real, not hypothetical (cf. Lybia, Syria, maybe Tunisia...). Even if the bandwidth is too high, DPI still remains useful when you're not blindly searching everyone's communications.

As for traffic encryption... Let media keep on shouting "piracy", "pedopornography", "terrorism" loud enough and often enough and in a few years from now everyone using cryptography for anything else than online banking/payments will look suspect. Cryptography used to be forbidden because it was considered as a weapon. I wouldn't be surprised if some politicians started walking that path again.

So to put it bluntly, because the RIAA and friends are being too greedy today, we're all letting laws pass that will transform our "democracies" in Lybia-look-alike for our grandchildren. That's a bit of a shortcut, but that's true nonetheless.

I wouldn't have expected the EU institutions to lead the way to reason, here, but at least the judiciary seems less brain dead than the Commission. Note that another ruling of the same kind is expected quite soon. It was asked the very same question, but applied to hosting services. I do hope for the same kind of answer.

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