[e-privacy] EU to assess piracy detection software

[Andrea Glorioso]

http://news.bbc.co.uk/2/hi/technology/8480699.stm

EU to assess piracy detection software

   A human rights watchdog has asked the European Commission to assess the
   legality of software being used to analyse file-sharing in the UK.

   The software in question is called CView and will be used by ISP Virgin
   Media to identify legal versus illegal traffic on its network.

   The EC has said it will monitor the use of the software, following a
   complaint from Privacy International.

   Virgin Media countered that the software posed no risk to privacy.

   Privacy International has concerns about the software, designed by
   monitoring firm Detica.

   It utilises so-called deep packet inspection, which means that it can
   identify actual file-names, making it possible to accurately find out
   what content is legal and what is not.

   According to Alexander Hanff, head of ethical networks at Privacy
   International, use of such software is in breach of current UK law.

   "Under the Regulation of Investigatory Powers Act (Ripa) intercepting
   communications is a criminal offence regardless of what you do with the
   data," he said.

   Mr Hanff said he would file a criminal complaint if Virgin Media
   deployed CView.

   He said the software is similar to that used by ad firm Phorm, which
   developed technology to monitor individual's web use in order to better
   target adverts.

   Trials of the technology in the UK have been put on hold while the EC
   investigates how it was tested.

   Legal service

   The UK government is in the process of creating legislation that could
   see illegal file-sharers identified and, potentially, thrown off the
   network.

   But this software will not do that job, said a spokesman for Virgin
   Media.

   "It was never designed to capture identities. This isn't an answer for
   that," said Asam Ahmad.

   Instead the software will be used to identify how much traffic on its
   network is illegal.

   "We want to understand what we can do to reduce illegal file-sharing.
   This will tell us things such as the name of the top ten tracks being
   shared as well as the percentage of legal versus illegal," said Mr
   Ahmad.

   Virgin Media is about to launch its own music service.

   'Double-edged'

   Mr Ahmad said no date had yet been set for the trial but told BBC News
   it will monitor traffic on three peer-to-peer networks notorious for
   trading illegal as well as legal software; Gnutella, eDonkey and
   BitTorrent.

   He admitted that potentially 40% of Virgin Media's customers could have
   their data scrutinised and confirmed that it has no plans to inform
   them beforehand.

   He also conceded that it would not be technically difficult to link up
   deep packet inspection technology with the IP addresses which would
   identify individuals but stressed that was not the plan currently.

   "These mandates have not yet been set and when it comes down to
   identifying individuals or prosecuting them, that is a role for content
   providers, not us," he said.

   Virgin Media is involved in an ongoing education campaign, which
   includes sending letters to those identified as downloading illegal
   content on its network.

   Andrew Ferguson, editor of broadband news site ThinkBroadband, said the
   trial could be "double-edged".

   "If Virgin can form a baseline for its 'illegal' P2P traffic, it can
   see how much effect any legislation has, and perhaps plan better for
   the letter forwarding side of things," he said.

   But he pointed out that Virgin Media is not alone in using deep packet
   inspection - BT has been doing it for years, he said.

   "It is possible they may be doing exactly what Virgin are doing," he
   said.

--
     Andrea Glorioso  (M: +32-488-409-055  F: +39-051-930-31-133)
  * Le opinioni espresse in questa mail sono del tutto personali *
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