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Electronic Frontier Foundation links net neutrality to copyright

Summary: The Electronic Frontier Foundation believes that there are gaps in the current FCC plans to allow ISPs to manage network bandwidth with tools

Doug Hanchard

By Doug Hanchard for ZDNet Government |

The Electronic Frontier Foundation believes that there are gaps in the current FCC plans to allow Internet Service Providers (ISPs) to manage network bandwidth with tools that would ensure service levels operate given the services sold to a consumer. The EFF believes this create a "loophole" in proposed rules which allows the ISPs to fully manage their networks in this manner and potentially allows ISPs to then block copyrighted streamed internet traffic without a consumer's knowledge or consent.

The FCC's proposed rules generally prohibit ISPs from discriminating or blocking lawful content, but include a loophole for 'reasonable network management' by ISPs. The proposed rules then define 'reasonable network management" to include measures taken by ISPs to block unlawful content or transmissions. This exception would effectively permit ISPs to violate net neutrality rules and block lawful activities in the name of copyright enforcement.

The EFF created a petition concerned with this potential gap. Over 7,000 people have signed it. The FCC is currently reviewing the national broadband strategy and the role of the commission.

Network monitoring and management tools inspect the I.P. headers and payload and can throttle the speed  which the data travels from the source to its customers network access.

Additional resources:

FCC releases 'Connecting America: The National Broadband Plan'

AT&T to FCC: Open to Net Neutrality ideas - with conditions

Net Neutrality: You own the Internet - make sure it becomes Law

Net Neutrality: Why the Internet will never be free. For anything. So get used to it

Net Neutrality: Hit satire coming to a theatre near you

Topics: Browser, Government, Government US, Networking, Telcos

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Talkback

17 comments
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  • Sounds familiar

    Is "reasonable network management? what the Chinese practice?
    r-2
    Reply Vote

  • Pressure from...

    this joke of a law is been distorted by two of the most dangerous terrorist groups on earth: MPAA/RIAA.

    Next time you buy any content produce by members of the the MPAA/RIAA remember that they have destroy more amercian families/lives then any other terrorist group ever did.
    Mectron
    Reply Vote

    • Re; MPAA/RIAA . . .

      Perhaps thats is where redundant KGB offisers will find some work.

      Just wondering.
      hkommedal
      Reply Vote

      • Nah, it's usually Beverly Hills types

        The the mafia-looking thugs who tool around in their Mercedes & Rolls with their Gucci shoes, open hairy chests and da widdle gold chains & pinky rings, tooting up copious amounts of nose candy.

        Utter, complete scum...
        still not nice
        Reply Vote

        • Are you sure they have no mention of

          KGB on their CV ? ?

          This was at first ment as a joke, but then ? ? who knows ?
          hkommedal
          Reply Vote

  • Censorship by any other name smells as poopy

    Not only is it censorship, but it presupposes (and sanctions) content inspection of the traffic at the whim of the ISP.

    All I can say is that the KGB technical staff must have all packed up and moved into ATT, Verizon, Sprint, and of course, the FCC.
    terry flores
    Reply Vote

  • Message has been deleted.

    pingpingdi
    Reply Vote

  • It's a circular argument

    After looking at the EFF's website, their argument makes no sense (see http://www.eff.org/deeplinks/2010/01/mpaa-and-riaa-seek-net-neutrality-copyright-loopho ). It's circular. They admit that net neutrality rules do not apply to anybody involved in illegal activity. In that case, an ISP has a right to shut this person down, which is a form of "reasonable network management". The proposal of the FCC is designed specifically to allow this. It's the very "loophole" that the EFF decries. If ISPs are not allowed to use network management to detect and shut down illegal activities, just how does the EFF propose this happen? In the name of "net neutrality" are ISPs supposed to essentially allow all illegal activity to go on unhindered?

    This is not an insidious plot by the FCC to let the MPAA/RIAA control the internet. They are simply trying to allow enforcement of laws against illegal activity. Can these laws be so broad as to take down legal users of, say, bittorrent? Yes, and that's the great fear of the EFF. But the EFF wants to so restrict ISPs that illegal activities cannot be stopped.

    I'll agree with the EFF that the FCC did not do a good job of balancing freedom with reasonable enforcement of laws. That's very difficult -- indeed that's why we have the Supreme Court and they haven't come up with the definitive answer after more than 200 years.

    But no where on the EFF site have I seen their proposal of how to balance the two. It's not enough for an organization of the EFF's knowledge and expertise to simply petition against the FCC proposal. Just saying ISPs have a right to enforce laws against illegal activity but leaving out how to do it is a coward's way. Specifically how does the EFF want to balance the two principles? The FCC generated a 107 page detailed proposal ( http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A1.pdf ), flawed though it may be. Where's the EFF's detailed proposal? If they have such a document I'll bet a close reading will reveal just as many basic unresolved conflicts.
    zackers
    Reply Vote

    • Think before we leap

      Then better to error on side of openness for now until the right balance can be made.

      Further how is "illegal activity" defined today and how will it be defined tomorrow? Is this not like the fable of Pandora's Box. Once opened the damage is done. Again better to spend time to get this correct since the ability for abuse it too significant to ignore.
      mario@...
      Reply Vote

      • Re; Further how is "illegal activity" defined today . .

        Yeah:
        Tomorrow the [b]" Fuhrer "[/b] of tomorrow ( inside the MPAA/RIAA ? ?) will decide what we [b]all [/b] will be allowed to see or hear.

        Enjoy the blessings of [b]" Kim il Hitl " [/b] of the " Media-mafia" ! ! The [b]great leaders of our time ! [/b]

        Do you look forward to this scenario ?

        Anyone ?
        hkommedal
        Reply Vote

  • RE: Electronic Frontier Foundation links net neutrality to copyright

    At a CommNexus CE SIG panel in San Diego on 4/6, we'll have a rep from the EFF, along with Jason Oxman of the Consumer Electronics Assoc. and Jon Healy, editorial writer of the LA Times, addressing this very issue. If you're in the area, check it out.
    rickclancy@...
    Reply Vote

  • RE: Electronic Frontier Foundation links net neutrality to copyright

    I'm sure that's exactly what it is...

    The FCC has been screwing the public for years, whether it realizes it or not. It has sold all of the old UHF channels for BIG bucks to entities whose sole purpose is to gouge the general public for all it's worth.
    Would you buy an HDTV if it wasn't the only thing available? Are you ready to pay more to the media outlets for HD service that has been shoved down your throats, and perceived to be "a good value"
    For one, Ben Stein is an as&%#*& who wouldn't recognize a good value if he saw one.(And trust me, YOU are ultimately paying for those commercials !!)
    tcrimmins1953@...
    Reply Vote

  • RE: Electronic Frontier Foundation links net neutrality to copyright

    And try to break into the recording industry as a artist. Talent counts for $hit. Who are these idiots who decide what the public wants ?? Ever wonder why iTunes and free download site are becoming popular ?? It's because no-one gives a $hit what MPAA and the RIAA are trying to foist upon us. For the most part, your artists SUCK !!!
    tcrimmins1953@...
    Reply Vote

  • RE: Electronic Frontier Foundation links net neutrality to copyright

    I think that the point here is that the ISPs are more apt to abuse this system of Internet access, ie, AOL blocking AT&T users, and vice versa.
    tcrimmins1953@...
    Reply Vote

  • thanks for the heads up but change the headline

    They found a loophole in the FCC measure not a link between net
    neutrality and copyrights.
    Htalk
    Reply Vote

  • Law enforcement?

    First of all, who deputized ISP's into law enforcement? You realize the people that run the ISP's are geeks that haven't been trained in law enforcement tactics. They have an agenda which is to make money, and if they can make more money out of throttling back your bandwidth or blocking media, then there's a conflict of interest to the public.
    And what about privacy? Since when did it become legal to scan every piece of data flowing through an ISP from a website to one's computer? That is, of course, unless you live in a country like China.
    Just let them get their foot in the door and see what happens. Give them an inch, they'll take a mile....
    Tinman57
    Reply Vote

  • RE: Electronic Frontier Foundation links net neutrality to copyright

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    birumut
    Reply Vote
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