"Plans to sever Internet connectivity for media pirates"
By davew on Feb 12, 2008
This is thought-provoking, and I think the Internet Service Providers' Association have it spot-on with their comment on the article.
Specifically, I'm wondering how easy, putting a notional Black Hat on, it would be to prevent an ISP from finding out what I was downloading.
Torrent technology isn't something I'm intimately familiar with (not having used it), but I would hope that it incorporates something akin to IM's OTR.
If it doesn't, I'd need to VPN into some bastion host outside my ISP's remit - ideally getting there using Tor or something very much like it - and run whatever Torrent peer app from there (where "there" equals "a country which doesn't have Internet piracy laws").
If the bastion was used for things other than piracy of copyrighted media, an ISP would have a major job on its hands to prove that the heap of ciphertext traversing their infrastructure was the latest Hollywood blockbuster rather than, say, the latest .iso of Solaris 10.
Also, I expect the test case will happen shortly after any new law in this area is enacted; if I can prove I have paid my TV licence fee continually since it started showing in its current format, would it still be illegal for me to download, via a Torrent system, what is supposedly the third-most popular TV series on the P2P networks; "Top Gear"?