Imagine if
Imagine if the companies selling software over the internet added a checkbox for "I tried this software via a torrent first". Just to get stats on if what the music-shifting industry (not the music making, but music shifting and packaging) are saying is true. Methinks such stats would basically make those software vendors jump fast and high, and onto the other side of the fence.
How many seriously believe that Adobe looses sales due to some teenager downloading and learning to use their Creative Suites at home? How many?
Now, if I read this proposal correctly, this adds a huge cluebat to the US telecoms regulations.
Of course, you couldn't cry foul if the network operator blocked your download of Icky Smears latest rape of music. Remember the "lawful use" bit, don't you?
But, when the same filter blocks out your LEGAL transfer, such as one single Linux distro, or the latest WoW-patches, not only can you cry foul, you can prove that the "network management" utilities of the ISP are interfering with lawful applications, you can publically shaft the ISP with your local, legal, cluebat-swinging team of lawyers. Especially if it blocks your linux-isos or distfiles to your latest-and-greatest software package (as in source tarballs, not as in Creative Suite 3-4-5-6), and claim that this caused you delay on setting up that oh-so-important server, and claim damages based on the delay (from when they blocked your transmit, until they settle in court. The longer they drag their feet, the more painful this will be for them).
This law also gives you a cute little cluebat to swing towards those "we don't want you to run your personal webserver"-companies that block you from having your own site, and then goes on to charge-per-megabyte for storing the data on their "official" webserver. Of course having your own webserver means maintaining it, since the ISP has a rather heavier cluebat to swing at you for distributing un-lawful stuff from it (warez, malware et alles).
All in all, from the legaleese in this suggested law, it gives back a lot of rights to internet users, be that "consumers" and participants. And it defines the job for the inbetween company. That job is to transmit the data. Not to interfere with it. Speaking of which, it does another job aswell. It gives the ISP industry the excuse they've been wanting. "No, Mr. RIAA exec, we cannot do that. Installing that filtering-feature you want to sell us, might block legal transfers as well, and we're not allowed to do that. Good day to you. No, for the millionth time, protecting your business practises are not our job, that's your own job. That's what the money you earn are for. But you're more than welcome to purchase a landline from us, there's no filtering on it."
Yup, you read that correctly. This law would allow the ISPs to wash away all the RIAA stains, because if there's even a chance that a filter would give false positives and block a single lawful transfer, that filter software would be illegal, and as such, it places responsibility for protecting RIAAs business empire back at RIAA, not at the ISPs. As such, the ISPs cannot be held accountable for user actions (the users still can), until the RIAA can come up with a 100% free-from-colatteral-damage method of filtering (The RIAA has cried regulators into accepting that ISPs can be held accountable if they don't install lawful filtering. This law would make filtering that gives false positives unlawful, and as such would give the ISPs the chance to refuse installation. Until the time when/if RIAA coughs up with a filtering mechanism that doesn't interfere with lawful data, that is. Muahahahahahah)
So I guess that the ISP/Telcos also like this legislation, from the perspective that it doesn't cause them more grief than actually having to cope with transporting the data on their lines.
//Svein