Year in Review: Filtering

There was further discussion, trial and policy endorsement regarding the introduction of content filtering around the globe in 2008.

Australia
The Australian Government conducted research trials into the effectiveness of content filters seeking to commence ISP level filtering for the purposes of child safety.[1] Reports concerning the proposal indicated that despite there being significant costs and the likelihood that entire content distribution sites such as Facebook and YouTube may be blocked, that 60% of web traffic, namely that offered through peer to peer networks, would be unaffected by the introduction of such a scheme.[2] This is primarily due to the technical limitations that exist with respect to deep packet inspection.[3]

Belgium
In 2007 the Belgium ISP Scarlet was ordered to impose content filters (Audible Magic) to prevent the distribution of copyright infringing material.[4] In October 2008 however the decision was overturned after the court accepted evidence that such filtering would be expensive and ineffective.[5]

Denmark
In February 2008 the Danish ISP Tele2 was ordered by a court to block access to the Pirate Bay. Immediately after the decision The Pirate Bay created a new url – jesperbay.com – to allow users to continue to access the site.[6]

Ireland
Litigation against the Irish ISP Eircom was initiated in 2008 with representatives of the content industry arguing that the ISP has an obligation to impose filtering technology on all file transfers.[7]

Europe
In October 2008 the European Commission rejected a proposal designed to ensure member countries impose ISP level filtering, instead respecting the need for open communication on the internet.[8] It appears as though the initial push toward adopting ISP filtering across Europe came from France.[9]

Technological Developments
Brilliant Digital Entertainment operated by Kevin Bermeister and Michel Speck announced that they had developed software which is entering its final testing phase which would operate at an ISP level and direct file sharers to legitimate content over illegal content.[10] The scheme which they seek to introduce with the cooperation and assistance of ISPs and content owners would include revenue sharing between the parties for each of the purchases made.[11]

The limitations of filtering technologies became evident in two separate studies in 2008. The Internet Evolution invited 28 filtering companies to participate in a study in order to determine the effectiveness of their technology.[12] Only five companies volunteered to participate and only two ended up publishing their results.[13] Of the two that published it was evident that significant impediments remain as to the accurate identification of protocols both with and without the use of encryption.[14]

An Australian filtering study also highlighted significant limitations to the filtering of content based on deep packet inspection.[15]

Despite the limitations evident in the use of this technology, representatives of the content industry continue lobbying to have it implemented.[16] Most ISPs continue to resist its implementation however some appear willing to enter into trials.[17]

Filtering Legitimate Content
The tendency of filtering systems to block legitimate content was further illustrated by reports that the W3C site was being blocked by some ISPs on the ground that it contained objectionable content.[18] The site manages standards for the web and is operated by the developer of the World Wide Web Tim Berners-Lee.[19]

[1] The Australian, Filter to cause World Wide Wait (30 October 2008) <http://www.australianit.news.com.au/story/0,24897,24575125-5013044,00.html> at 31 October 2008; ZeroPaid, Australian Government to Finance Faulty Internet Filtering Technology (13 September 2008) <http://www.zeropaid.com/news/9749/Australian+Government+to+Finance+Faulty+Internet+Filtering+Technology> at 21 September 2008
[2] The Australian, Filter to cause World Wide Wait (30 October 2008) <http://www.australianit.news.com.au/story/0,24897,24575125-5013044,00.html> at 31 October 2008; ZeroPaid, Australian Government to Finance Faulty Internet Filtering Technology (13 September 2008) <http://www.zeropaid.com/news/9749/Australian+Government+to+Finance+Faulty+Internet+Filtering+Technology> at 21 September 2008
[3] The Australian, Filter to cause World Wide Wait (30 October 2008) <http://www.australianit.news.com.au/story/0,24897,24575125-5013044,00.html> at 31 October 2008; ZeroPaid, Australian Government to Finance Faulty Internet Filtering Technology (13 September 2008) <http://www.zeropaid.com/news/9749/Australian+Government+to+Finance+Faulty+Internet+Filtering+Technology> at 21 September 2008
[4] OutLaw, Beligian ISP wins reprieve in copyright infringement filtering case (28 October 2008) <http://www.out-law.com/page-9537> at 30 October 2008; TechDirt, Belgian Court Realizes That ISPs Shouldn't Be Forced To Block File Sharing (27 October 2008) <http://www.techdirt.com/articles/20081027/0428512655.shtml> at 29 October 2008; The Register, Belgian judge reverses moon-on-stick music copyright ruling (27 October 2008) <http://www.theregister.co.uk/2008/10/27/scarlet_isp_belgium_reversal/> at 28 October 2008
[5] OutLaw, Beligian ISP wins reprieve in copyright infringement filtering case (28 October 2008) <http://www.out-law.com/page-9537> at 30 October 2008; TechDirt, Belgian Court Realizes That ISPs Shouldn't Be Forced To Block File Sharing (27 October 2008) <http://www.techdirt.com/articles/20081027/0428512655.shtml> at 29 October 2008; The Register, Belgian judge reverses moon-on-stick music copyright ruling (27 October 2008) <http://www.theregister.co.uk/2008/10/27/scarlet_isp_belgium_reversal/> at 28 October 2008
[6] Digital Music News, Pirate Bay Gets Shorted In Denmark, ISP Blocks Access (6 February 2008) <http://www.digitalmusicnews.com/stories/020508pirate> at 19 February 2008
[7] Sydney Morning Herald, Music industry opens new front on piracy (25 April 2008)<http://www.smh.com.au/news/web/music-industry-opens-new-front-on-piracy/2008/04/25/1208743215717.html> at 27 April 2008; ArsTechnica, "Year of filters" turning into year of lawsuits against ISPs (11 March 2008) <http://arstechnica.com/news.ars/post/20080311-year-of-filters-turning-into-year-of-lawsuits-against-isps.html> at 18 March 2008
[8] ZeroPaid, European Parliament Rejects Anti File Sharing Proposal (28 September 2008) <http://www.zeropaid.com/news/9775/European+Parliament+Rejects+Anti-File-Sharing+Proposals> at 5 October 2008
[9] ZeroPaid, French Minister Pushing For Mandatory ISP Level Filtering Across Europe (2 August 2008) <http://www.zeropaid.com/news/9670/French+Minister+Pushes+for+Mandatory+ISP+Level+P2P+Filtering+Across+Europe> at 6 August 2008
[10] The Age, Rivals combine to combat crime (29 October 2008) <http://www.theage.com.au/news/technology/biztech/kazaa-foes-join-up-to-fight-pirates-and-porn/2008/10/28/1224956013205.html?page=fullpage#contentSwap1> at 30 October 2008); ArsTechnica, Ex-Kazaaer wants to turn pirates into paying customers (28 October 2008) <http://arstechnica.com/news.ars/post/20081028-new-service-aims-to-turn-pirates-into-purchasers.html> at 30 October 2008; ZeroPaid, KaZaA Founder, Former RIAA Anti-Piracy Head Join Forces to Fight Piracy (27 October 2008) <http://www.zeropaid.com/news/9825/KaZaA+Founder%2C+Former+RIAA+Anti-Piracy+Head+Join+Forces+to+Fight+Piracy> at 30 October 2008
[11] The Age, Rivals combine to combat crime (29 October 2008) <http://www.theage.com.au/news/technology/biztech/kazaa-foes-join-up-to-fight-pirates-and-porn/2008/10/28/1224956013205.html?page=fullpage#contentSwap1> at 30 October 2008; ArsTechnica, Ex-Kazaaer wants to turn pirates into paying customers (28 October 2008) <http://arstechnica.com/news.ars/post/20081028-new-service-aims-to-turn-pirates-into-purchasers.html> at 30 October 2008; ZeroPaid, KaZaA Founder, Former RIAA Anti-Piracy Head Join Forces to Fight Piracy (27 October 2008) <http://www.zeropaid.com/news/9825/KaZaA+Founder%2C+Former+RIAA+Anti-Piracy+Head+Join+Forces+to+Fight+Piracy> at 30 October 2008
[12] ZeroPaid, UK - New P2p Scheme: Charge for Unauthorised Content - Problem DPI Unfeasable (13 August 2008) <http://www.zeropaid.com/news/9697/UK+-+New+P2P+Scheme%3A+Charge+for+Unauthorized+Content+-+Problem%3A+DPI+Unfeasable> at 20 August 2008; ZeroPaid, P2p ISP Filtering Test Published, Labels Deny Ensuing Criticism (17 April 2008) <http://www.zeropaid.com/news/9409/P2P+ISP+Filtering+Test+Published%2C+Labels+Deny+Ensuing+Criticism> at 26 April 2008; TechDirt, Turns Out P2P Filters Don't Actually Work (1 April 2008) <http://www.techdirt.com/articles/20080328/135304687.shtml> at 3 April 2008; ArsTechnica, Deep packet inspection for P2P traffic put to the test (27 March 2008) <http://arstechnica.com/news.ars/post/20080327-deep-packet-inspection-for-p2p-traffic-put-to-the-test.html> at 30 March 2008
[13] ZeroPaid, UK - New P2p Scheme: Charge for Unauthorised Content - Problem DPI Unfeasable (13 August 2008) <http://www.zeropaid.com/news/9697/UK+-+New+P2P+Scheme%3A+Charge+for+Unauthorized+Content+-+Problem%3A+DPI+Unfeasable> at 20 August 2008; ZeroPaid, P2p ISP Filtering Test Published, Labels Deny Ensuing Criticism (17 April 2008) <http://www.zeropaid.com/news/9409/P2P+ISP+Filtering+Test+Published%2C+Labels+Deny+Ensuing+Criticism> at 26 April 2008; TechDirt, Turns Out P2P Filters Don't Actually Work (1 April 2008) <http://www.techdirt.com/articles/20080328/135304687.shtml> at 3 April 2008; ArsTechnica, Deep packet inspection for P2P traffic put to the test (27 March 2008) <http://arstechnica.com/news.ars/post/20080327-deep-packet-inspection-for-p2p-traffic-put-to-the-test.html> at 30 March 2008
[14] ZeroPaid, UK - New P2p Scheme: Charge for Unauthorised Content - Problem DPI Unfeasable (13 August 2008) <http://www.zeropaid.com/news/9697/UK+-+New+P2P+Scheme%3A+Charge+for+Unauthorized+Content+-+Problem%3A+DPI+Unfeasable> at 20 August 2008; ZeroPaid, P2p ISP Filtering Test Published, Labels Deny Ensuing Criticism (17 April 2008) <http://www.zeropaid.com/news/9409/P2P+ISP+Filtering+Test+Published%2C+Labels+Deny+Ensuing+Criticism> at 26 April 2008; TechDirt, Turns Out P2P Filters Don't Actually Work (1 April 2008) <http://www.techdirt.com/articles/20080328/135304687.shtml> at 3 April 2008; ArsTechnica, Deep packet inspection for P2P traffic put to the test (27 March 2008) <http://arstechnica.com/news.ars/post/20080327-deep-packet-inspection-for-p2p-traffic-put-to-the-test.html> at 30 March 2008
[15] ZeroPaid, Australian Study - ISP Level Filters Improved, but Insufficient for p2p (5 August 2008) <http://www.zeropaid.com/news/9680/Australian+Study+-+ISP+Level+Filters+Improved%2C+but+Insufficient+for+P2P> at 6 August 2008; ZDNet, BitTorrent hole in ISP filter tests (28 July 2008) <http://www.zdnet.com.au/news/communications/soa/BitTorrent-hole-in-ISP-filter-tests/0,130061791,339290888,00.htm> at 29 July 2008
[16] ZeroPaid, RIAA Wants Anti-Virus Software to Filter Pirated Content? (7 February 2008) <http://www.zeropaid.com/news/9251/RIAA+Wants+Anti-Virus+Software+to+Filter+Pirated+Content%3F> at 8 February 2008; Public Knowledge, RIAA wants content filters and proposes spyware too (6 February 2008) <http://www.publicknowledge.org/node/1388> at 8 February 2008; The Register, RIAA chief calls for copyright filters on PCs (8 February 2008) <http://www.theregister.co.uk/2008/02/08/riaa_wants_filters_for_end_users/> at 8 February 2008; TechDirt, RIAA Says Copyright Filters Could Be Put In Anti-Virus Software (7 February 2008) <http://www.techdirt.com/articles/20080207/131223199.shtml> at 8 February 2008; Digital Music News, Industry Keeps Rallying Against Dumb Pipes (29 January 2008) <http://www.digitalmusicnews.com/stories/012808isp> at 30 January 2008; TechDirt, NBC Universal Explains Why ISPs Should Filter Copyrighted Works (15 January 2008) <http://www.techdirt.com/articles/20080115/153752.shtml> at 18 January 2008 ; The Register, Music biz targets ISPs - official (27 January 2008) <http://www.theregister.co.uk/2008/01/27/ifpi_digital_threat/> at 30 January 2008
[17] ZeroPaid, Verizon to Hollywood: 'We Won't Help You Fight Piracy' (6 February 2008) <http://www.zeropaid.com/news/9247/Verizon+to+Hollywood%3A+%27We+Won%27t+Help+You+Fight+Piracy%27> at 7 February 2008; TechDirt, ISP Copyright Filter Debate Continues: Verizon Stays Away, While Rep. Bono Is All For Filtering (30 January 2008) <http://www.techdirt.com/articles/20080130/152634129.shtml> at 4 February 2008; ArsTechnia, IFPI fantasy: 2008 the year ISP filtering "becomes reality" (24 January 2008) <http://arstechnica.com/news.ars/post/20080124-ifpi-fantasy-2008-the-year-isp-filtering-becomes-reality.html> at 31 January 2008; EFFector, AT&T's Proposed Net Filtering Plan Gets Attention Vol. 21, No. 03 (24 January 2008) <http://www.eff.org/deeplinks/2008/01/3-things-ts-proposed-net-filtering-plan> at 30 January 2008; ZeroPaid, Experts Debate on AT&T Filtering the Internet (22 January 2008) <http://www.zeropaid.com/news/9212/Experts+Debate+on+AT%26T+Filtering+the+Internet> at 30 January 2008; TechDirt, Why AT&T's Plans To Filter The Internet Will Only Do More Harm To AT&T (And Everyone Else) (18 January 2008) <http://www.techdirt.com/articles/20080118/164201.shtml> at 30 January 2008; TechDirt, Is AT&T Siding With NBC To Get Rid Of Neutrality? (9 January 2008) <http://www.techdirt.com/articles/20080109/024249.shtml> at 11 January 2008; Digital Music News, Mega-ISP AT&T Considers Less Dumb Pipes (9 January 2008) <http://digitalmusicnews.com/stories/010908isps> at 11 January 2008
[18] TechDirt, What Kind Of Filtering System Thinks W3C Is A Porn Site? (30 September 2008) <http://www.techdirt.com/articles/20080929/0118232395.shtml> at 5 October 2008
[19] TechDirt, What Kind Of Filtering System Thinks W3C Is A Porn Site? (30 September 2008) <http://www.techdirt.com/articles/20080929/0118232395.shtml> at 5 October 2008