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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Hold your horses...
by DetunizedGravity on Thu 24th Nov 2011 16:35 UTC
DetunizedGravity
Member since:
2009-06-17

This ruling looks like the ultimate weapon against the obvious will of so called democratic governments to use Internet as a tool for oppression. There's no way they could impose DPI technology for all purpose monitoring of all electronic communications, on the Internet backbones or in the modem you ISP lends you, right? Right? Because that's the only way to do what the SABAM asked from Scarlet. That and force everyone to trust their government with all their cryptographic keys, or to forbid encryption altogether. But it would be just too much. Right? Right?

Well, no. It's not that easy. The ruling says that what was asked to Scarlet fulfilled a set of 5 criteria (including "not limited in scope or time", and "at the ISP's cost") that all put together are unacceptable.

You can count on big content to try to turn this ruling over its head. They'll claim that anything that fails to fill any one of these 5 criteria is fair game, and can be required from an ISP. In fact, they already are.
http://www.ifpi.org/content/section_news/20111124.html

The fight is not over, and I expect more cases like this one to surface. I do hope that each and every time the defender will pull the EU Court in the loop, and push said Court to eventually admit that any kind of centralized monitoring of all electronic communications will not be compatible with human rights. Ever.

Not very likely, though.

Remember that this would, of course, cost a lot to several powerful cyber weapons (think deep packet inspection) manufacturers (google "BlueCoat Syria", "Bull Amesys Lybia"). These guys have money, and their arguments do find a favorable echo in the right wing oligarchies that are currently running many western governments. Think France, where all politicians are trained in *one* school (ENA), whatever their conviction - nice example of an oligarchy here. One only has to see what was on display during the latest Milipol to realize that. Intellectual property is only an excuse for extremists to push their agenda, and those guy fight dirty.

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