1. It would be trivial for the authors of filesharing software to enable the encryption of traffic flowing between peerâ€toâ€peer clients. This would make it much more difficult for ISPs to identify the transmission of copyrighted works, even if they undertook highly resourceâ€intensive and invasive traffic analysis of customer data flows. Use of networkâ€level encryption protocols such as IPSEC would make it difficult to block specific peerâ€toâ€protocols. Such protocols can also be masked to avoid restrictions.Keep Looking: The Answer to the Machine is Elsewhere (Thanks, Ian!)
2. The US government spent 25 years trying to prevent the widespread availability of encryption software, and failed spectacularly.20 Even after the horrific events of 11 September 2001, it made no serious attempt to reopen that battle. Cryptographic protection is now the foundation of Internet security. It is almost inconceivable that governments would attempt to ban it a second time.
3. “Wellâ€known” sites that contain infringing content and hence might be blocked by ISPS are easily duplicated at less wellâ€known sites – at a speed that would likely outpace the ability of right holders to keep up. Much peerâ€toâ€peer software is already designed to avoid a dependence upon access to particular servers, following the shutdown of the firstâ€ generation Napster’s indexing servers.
4. As with TPMs , data monitoring software run by ISPs is not in a position to understand the context and hence legality of the transmission of a given work.
5. The widespread availability of multiâ€gigabyte hard disks and USB data sticks is making it everâ€easier for users to exchange entire music collections faceâ€toâ€face. The heaviest restrictions on Internet service would have little impact on this “sneakernet”.
I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.