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> The ISP has to act like it knows its obligations in law, and there are things ISPs have been doing to work with LEA for a long long time, which they won't be
by shakna 7y ago
> The ISP has to act like it knows its obligations in law, and there are things ISPs have been doing to work with LEA for a long long time, which they won't be able to do as simply, or as well, or in some cases at all.
As I understand the current caselaw, whilst an ISP is required to make some efforts, they are not required to make efforts when a task is impossible or difficult.
If an ISP is required to create a porn filter, for example, they aren't also required to try and forward that blocker across Tor.
Rather a "best effort" is exactly what is legally required.
So when a new technology is adopted that makes their previous "best efforts" obsolete, then they will no longer be forced to attempt something that is no longer possible.
However, that whole conversation is mute when it comes to this particular instance.
Google will attempt to use the ISP's own DoH resolver. So the answer is simply to run one, or not. If Chrome can't find a DoH with the current DNS, it'll fallback to today's behaviour. This isn't changing the status quo at all.
It's only a problem if customers move wide-scale away from the ISP's own DNS servers. Which happens when the ISP's interests conflict with the user's already, so again, no change to the status quo.