North American Network Operators Group

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Re: Belgian court rules that ISPs must block file-sharing

  • From: Mark Andrews
  • Date: Thu Jul 05 20:48:00 2007

In article <[email protected]> you write:
>Note that this is based on their interpretation of EU law.
>		--Steve Bellovin,

 "The court has confirmed that the ISPs have both a legal responsibility and
 the technical means to tackle piracy.  This is a decision that we hope will
 set the mold for government policy and for courts in other countries in
 Europe and around the world," IFPI Chairman and CEO John Kennedy said in a

	Someone has succeeded in pulling the wool over the court's
	eyes if it has been convinced that there is a technical
	mechanism to do this.  A ISP does not have access to enough
	information to determine this.  The same file can be both
	legally and illegally copied over the same network.  What
	determines the legality is the standing of the parties doing
	the copying not the actual content.  Even content that is
	illegal to possess may still be legally transmitted when
	such content is evidence.

	There is only one technological fix that will be 100%
	effective and that is to shutdown the network.  There is
	absolutely no way that a ISP can determine is any file
	transfer is illegal or not.

	This means no HTTP, no SMTP, no anything.