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Ofcom UK Moots Deep Packet Inspection to Target Illegal ISP File Sharers

Posted: 19th Nov, 2009 By: MarkJ
Ofcom has held talks with Detica, a BAE subsidiary that specialises in data gathering and processing, about the possible use of its Deep Packet Inspection (DPI) called CView. The technology could be used to help monitor file sharing (P2P) traffic on broadband ISP networks and measure the level of illegal downloading among users.

The Register points to Detica's September 2009 Government Submission on tackling P2P for some additional background information, which suggests that both ISPs and Rights Holders should share the cost of its system. If adopted it would surely raise a few eyebrows and open the floodgates to a mass of privacy campaigners and concerned consumers.

3.1 What is CView™?

CView™ is the first commercially available solution to provide a metric highlighting the volume and nature of Peer to Peer (P2P) file sharing activity on an ISP network.

As such, the true scale of copyright infringement through P2P file sharing will finally be quantifiable, enabling ISPs to understand the extent to which their networks are being exploited, and enabling content providers to assess the impact P2P is having on their traditional business models.

More importantly, CView™ can provide an underpinning measure for commercial agreements between ISPs and content providers (be the content music, film, gaming or books), allowing both parties to assess the impact that content deals are having on overall file sharing. Understanding the total volume of copyright infringement will also enable ISPs and content providers to assess the efficacy of any remedial measures to prevent file sharing, or to underpin the monetisation of P2P content.

The information suggests that CView would not so much be used to target individual users as to assess the level of piracy on a network, which is information that Rights Holders could obviously use to their advantage. It also claims to involve anonymous data collection, much like we recall Phorm doing and look how well that held up (not very). It’s less clear is how the system will identify illegal content, especially with encryption being so easy to adopt.

Key principles of [THE CVIEW] approach are:

• anonymous data collection — all records collected from the network have their IP addresses strongly anonymised such that no reference to an individual can be made, even in conjunction with other ISP systems. No content data is recorded (e.g. URLs).

• proportional to right to privacy — traffic is inspected to establish what the content is and the application being used, with no persistence of traffic data or identity information.

• closed system — no traffic data or identity information is ever made available to a person. Traffic application data is produced by an entirely closed and automated “lights out” system. Appropriate hardware, software and process controls prevent intentional or accidental breaches of privacy (e.g. preventing access to the live system when data is being processed).

• no feedback loop — none of the behavioural data collected can ever be attributed back to a person or drive action against an individual.

It's understood that Detica is hoping to run beta trials with an unknown UK ISP sometime in the near future, though major ISPs like Virgin Media , Sky Broadband and BT claim not to be involved. Indeed you'd have to be a little crazy, after the Phorm palava, to volunteer for something like this.

The BPI, UK Music and Performing Rights Society (PRS) are all known to have met with Detica and discussed CView, with the BPI unsurprisingly finding it interesting. Despite claiming that "CView does not, and cannot, identify individual internet users," it appears as though ISPs could still use it for a similar purpose. This is one to keep an eye on.
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