Can Internet Providers be Required to “Pat Down” Packets?

According to the BBC News, lawmakers in the UK want to make it mandatory for ISPs to check packets of information going through their servers to check for copyright infringement. UK ISPs are saying there is no way thy can monitor enough of the packets that travel through their servers to find the majority of illegal file sharing. Though there have been numerous lawsuits over copyright infringement and illegal file sharing in the past, those caught in the act are still in the minority – this newly proposed legislation seeks to change that by holding the ISPs liable.

What about the privacy of the individuals involved? Just how easy, and how frequent, is this “packet peeking?”

Despite the international stir, Torrent Freak suggests this UK proposal isn’t worth the paper it’s printed on. The reference to the paper is more literal than you may think: The proposal is known as a “Green Sheet.” It is a suggestion, without the force of law behind it. However, even if this proposal were more substantial, Torrent Freak goes on to say that:

1) It isn’t reasonable to hold ISPs liable for every packet that travels though their servers.

2) It isn’t practically possible for ISPs to act as this kind of cyber-police.

3) Insecure WiFi and packet encryption make it impossible to tell what packets may hold copyrighted material.

4) In addition to the protests from ISPs – the use of file-sharing type clients which are used to share personal photos, and other material to which the sender own the copyright or has permission to share – would make public outcry that their privacy is being invaded just as strong.

5) And, perhaps most of all, this proposed rule flies in the face of pre-existing EU laws which say that member states are not required to share personal information about files sharers as well as “Article 10 of the European freedom of expression laws, which gives every European the ‘freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.’”

While I understand that copyright infringement is a crime, and the music industry in particular claims loss of sales in the multi-million dollar range, I’m more concerned about the privacy issues involved here.

How do you think this problem should be approached?