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Here's the portion about unlawful content I was waiting for (page 132m para. 304), with the parts I found especially interesting italicized: "In the NPRM, we t
by tubbs 12y ago
Here's the portion about unlawful content I was waiting for (page 132m para. 304), with the parts I found especially interesting italicized:
"In the NPRM, we tentatively concluded that we should retain the definition of reasonable network management we previously adopted, which does not include preventing transfer of unlawful content or the unlawful transfer of content as a reasonable practice.782 We affirm this tentative conclusion and re-state that open Internet rules do not prohibit broadband providers from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content to ensure that open Internet rules are not used as a shield to enable unlawful activity or to deter prompt action against such activity.
For example, the no-blocking rule should not be invoked to protect copyright infringement, which has adverse consequences for the economy, nor should it protect child pornography. We reiterate that our rules do not alter the copyright laws and are not intended to prohibit or discourage voluntary practices undertaken to address or mitigate the occurrence of copyright infringement.783 After consideration of the record, we retain this rule, which is applicable to both fixed and mobile broadband providers engaged in broadband Internet access service and reads as follows:
Nothing in this part prohibits reasonable efforts by a provider of broadband Internet access service to address copyright infringement or other unlawful activity.
305. Some commenters contend that this rule promotes the widespread use of intrusive packet inspection technologies by broadband providers to filter objectionable content and that such monitoring poses a threat to customers’ privacy rights.784
Certainly, many broadband providers have the technical tools to conduct deep packet inspection of unencrypted traffic on their networks,785 and consumer privacy is a paramount concern in the Internet age. Nevertheless, we believe that broadband monitoring concerns are adequately addressed by the rules we adopt today, so we decline to alter this provision. This rule is limited to protecting “reasonable efforts . . . to address copyright infringement or other unlawful activity.”786
We retain the discretion to evaluate the reasonableness of broadband providers’ practices under this rule on a case-by-case basis. Consumers also have many tools at their disposal to protect their privacy against deep packet inspection—including SSL encryption, virtual private networks, and routing methods like TOR.787
Further, the complaint processes we adopt today add to these technical methods and advance consumer interests in this area.788"
- nickodell 12y agoOne part I found particularly interesting: >In the NPRM, we tentatively concluded that we should retain the definition of reasonable network management we previously adopted, which does not include preventing transfer of unlawful content or the unlawful transfer of content as a reasonable practice. What about cases where an ISP can't tell? For example, if a user is using encrypted BitTorrent, could an ISP block it on the basis that 89% of files on BitTorrent are illegal? [1] [1]: http://arstechnica.com/tech-policy/2010/07/only-03-of-files-on-bit-torrent-confirmed-to-be-legal/ http://arstechnica.com/tech-policy/2010/07/only-03-of-files-...
- Spooky23 12y agoThat's why "reasonable practice" is there. FCC has the ability to interpret what reasonable is.
- AnthonyMouse 12y agoThat's what concerns me about the rules. It's kind of a bait and switch. First they say that it isn't permissible to block "lawful content", which is actually quite reasonable because it's hard to complain about something that blocks exclusively unlawful content. But then we get this insanity from the quoted portion above: "Nothing in this part prohibits reasonable efforts by a provider of broadband Internet access service to address copyright infringement or other unlawful activity." Which is a total inversion of the principle. Instead of allowing blocking only when you're sure it's only blocking unlawful content, it's purporting to allow blocking of unspecified amounts of entirely lawful content as long as it's part of "reasonable" (whatever that means) efforts to address unlawful activity. It's a loophole you could fit a carrier battle group through.
- coldpie 12y agoThe rules say they can't block lawful content. If the content is questionably lawful, then they won't block it, for fear of being found to have blocked lawful content.
- dragonwriter 12y agoWell, the fact that the whole effort to set up general net neutrality rules at the FCC started when their ruling against Comcast's BitTorrent blocking was struck down by the courts as outside of their case-by-case power without generally-applicable rules, I suspect the answer is that that would be a perfect example of what the present Commission, at least, would not find to be a reasonable effort to address unlawful content.