The European Commission (EC) is to cast a suspicious eye over controversial trials of Detica's new Deep Packet Inspect (DPI) technology (CView) by broadband Cable Modem ISP Virgin Media UK (original news). The system will effectively inspect a customer’s private online activity, apparently without their prior consent, so as to measure the level of copyright infringement (illegal file sharing) on VM's network.The EC told ZDNet :
"The Commission confirms its commitment to the protection of privacy and security of electronic communications as one of its priorities, and it keeps a close eye on the further development of technologies in favour of businesses and consumers, in order to ensure they are used in a way that complies with EU rules. The Commission's services will closely monitor this case."
"The Commission confirms its commitment to the protection of privacy and security of electronic communications as one of its priorities, and it keeps a close eye on the further development of technologies in favour of businesses and consumers, in order to ensure they are used in a way that complies with EU rules. The Commission's services will closely monitor this case."
Detica insists CView will protect privacy and is powered by a fully automated, closed system that does not identify individuals or store their data. Virgin Media also believes there are exceptions in the Regulation of Investigatory Powers Act 2000 (RIPA) for use of DPI in network management purposes, though not everybody agrees with that (here).
Deep Packet Inspect (DPI) technology was made infamous in the UK by Phorm during 2008, which controversially
Suffice to say that a major privacy campaign followed and eventually caused supporting ISPs like BT , Virgin Media and TalkTalk to shelve adoption plans during the middle of last year. Since then DPI has remained a hot topic and its use is highly questioned by privacy campaigners.
By contrast CView does not plan to use its data in targeted third party advertising campaigns and is instead being touted by Ofcom (here) as a possible tool for recording the level of software, film and music piracy on a broadband ISPs network. The BPI, UKMusic and Performing Rights Society (PRS) have all met with Detica too and appear equally interested in its applications.
However the fact that there appears to be some degree of official government support behind CView does not mean it will go un-criticised. DPI is no less controversial now than it was last year and any assurances to the contrary by either Virgin Media or Detica are unlikely to change that.
Tweet
Comments: 7
otesterPosted: 26 January, 2010 - 9:29 AM
Link to comment
Many BT (non-LLU) ISP's use this already, basically anyone using traffic management is using it [source:ICUK].
A VPN however, counters this.
MarkJPosted: 26 January, 2010 - 9:53 AM
Link to comment
I think there's a distinct difference between a traffic management system that identifies types of traffic and one that specifically identifies what the traffic itself contains (legal or illegal content).
PetePosted: 26 January, 2010 - 10:09 AM
Link to comment
Without consent, Virgin are not entitled to divulge details of the traffic data, or 'some or all' of the content of a communication to a third party.
Virgin aren't using CView for traffic management at all. In fact the system is being operated as a fibre tap specifically to ensure that the integrity and flow of traffic should not be impacted all.
Fortunately Regulation 7 and Regulation 8 of PECR make it illegal for Virgin to do this without consent. And RIPA requires consent of both parties to a communication for interception.
What cunning methods of processing follow an illegal interception doesn't matter at all. It is still illegal interception.
GregPosted: 26 January, 2010 - 1:22 PM
Link to comment
All DPI technology should be illegal, regardless of the reasons for its usage.
otesterPosted: 26 January, 2010 - 3:36 PM
Link to comment
@MarkJ
They said it's the same thing, but can be used for many purposes.
MarkJPosted: 27 January, 2010 - 8:43 AM
Link to comment
That maybe true but what I'm saying is its how you use something that counts. I can legally drive a car but it's not legal for me to use that same car as a weapon to deliberately kill somebody.
There remains a distinct difference between a DPI system that accesses your private online activity to see what it contains and one that merely monitors and adjusts the flow of data based on identified traffic type.
DAveCPosted: 16 July, 2010 - 1:22 AM
Link to comment
SO what happens if I use my New fast upload speed to stream some Mp3s/tv recordings to my mobile phone or Office computer? Does that count as infringing? if yes how can THEY tell? I can zip up and transmit files anywhere I like, for backup or Cloud storage or to my Bro. They can tell maybe what the packets contain, but whether its infringing?? Dodgy legal ground indeed.. unless recording TV is going to be illegal too
Generated in 0.65132 seconds.
DB queries: 8
Copyright © 1999 to Present - ISPreview.co.uk - All Rights Reserved (Terms, Privacy Policy, Links (.), Live Chat & Website Rules).