For a couple of years now, lobbyists for large copyright-holding businesses, most notably the music industry, have lobbied in multiple countries and jurisdictions for what they call the “three strikes” rule. Under the “three strikes” rule, if you are accused of infringing someone’s copyrights online three times, the ISP will be mandated to cut you off from the Internet. If you only have one ISP to choose from, you are effectively prohibited from accessing the Internet.
Note that it only takes three accusations. That is, not only is there a presumption of “guilty until proven innocent,” but the accused have no opportunity to prove themselves innocent. There are a number of ways that this can be abused, of course, beginning with silencing political dissent, silencing parody, silencing critics of companies, corporations, or cults, and just plain old meanspiritedness. What better way to get back at someone than to ban him from the Internet?
The U.K.’s Lord Mandelson, Privy Council, announced that the U.K.’s Labour party policy would be to implement this three strikes-rule as soon as Summer 2011. Because of the nature of the U.K.’s parliamentary system, where the executive is drawn from the legislature and there is very little party dissention compared to the U.S., it is likely to pass.
It may just be me, but I don’t think this is a good idea.
Already, companies, politicians, and organizations make accusations that are more or less baseless to get videos taken down from YouTube. It’s not much of a stretch to imagine that they might decide it might be easier to ban critics from the Internet altogether. Both sides of the same-sex marriage debate, for example, were hit by this – the anti-gay marriage Stand for Marriage Maine had a takedown issued by NPR, for example. A separate anti-gay marriage group called “The National Organization for Marriage,” that tried to silence pro-gay marriage critics who posted audition videos for their anti-gay marriage ad, which undermined their position. You also had Ralph Lauren trying to censor criticism that their models were extremely Photoshopped, a parody of diamond ads getting a takedown from DeBeers, and the Warner Music Group not only putting out claims against YouTube videos that not only featured their recorded music, but people singing acapella renditions (including that famed video of the music of John Williams sung a capella,) and teenagers singing “Winter Wonderland.” For this reason, various Internet civil liberties groups, such as the EFF, come out against such legislation.
What’s interesting is that law enforcement agencies, such as MI-5 and the Metropolitan (London) Police’s e-crime unit, have also come out against this legislation. The reason is because since file-sharing accusations would have such harsh penalties, people would take action to make sure that they are never accused of file-sharing. That would mean that encrypting Internet information would not only become a more popular behavior, it may even become a default behavior. That increased encryption will increase the costs and workload for law enforcement agencies with legitimate reason to snoop on communications. Right now, encryption is mostly done by two groups. The first group is those of us in the computer fields who know enough about computer communication to be paranoid.
The second group are those who actually have something to hide, like say, violent criminals (as opposed to copyright infringers) or child pornographers (as opposed to legal but socially embarrassing “adult entertainment”). By increasing the penalties to include Internet disconnection, suddenly the general file-sharing public, the non-violent criminals start encrypting traffic as well.
Right now, encrypting your data makes you stick out like a sore thumb to law enforcement agencies, who can then get a warrant to decrypt that data if they think you’re about to pull something really naughty. But an increase in demand for encryption will result in simple ways to enable it. (Already, encrypted traffic is built into several BitTorrent clients.) With everyone using encryption, encrypted communication no longer sticks out. Then you have to start decrypting everybody’s data to find the “bad guys.” Law enforcement with regards to the Internet is sufficiently Orwellian as it is. When even MI5 balks, you know it’s bad.
But beyond that, it holds bad news for enterprise network engineers as well. If you know how to encrypt Internet traffic from your home computer, you also know how to encrypt Internet traffic from your work computer – and many will. Some may even think that they’re doing the company a favor by doing so – after all, encrypting the traffic protects it from corporate sabotage. Encryption of IP addresses, source/destination ports and payload information renders traditional traffic shaping and QoS policy less effective for dealing with network congestion.
Whatever your views on copyright infringement, this is a solution that creates more problems – and bigger problems – than it is supposed to solve. The only people who win, in this scenario, are those businesses who would benefit from sabotaged network performance.