File swappers shifting to encrypted networks...

[Dave Farber <dave () farber net>]

-----Original Message-----
From: Claudio Gutiérrez <gutierrezclaudio () terra cl>
Date: Fri, 30 Jan 2004 12:00:56 
To:dave () farber net
Subject: Re: [IP] File swappers shifting to encrypted networks...

> The RIAA's newest legal assault on file swappers is pushing them to
> encrypted networks, where the damage could become catastrophic

I can be wrong, but that sounds as an exaggeration and flawed. It 
shouldn't matter if the network is encrypted or not while the p2p 
network is open to anyone:

Although the article doesn't explain what's an encrypted network, the 
encryption could take place while tranferring files or the files itself 
be encrypted. The point is that once you are on the p2p network you need 
to know the files shared on the network and the p2p application will 
search the people sharing such files and start transferring the files 
you request. As the files will be downloaded using IP protocol and a p2p 
network, you will always know the IP of the users from where you are 
downloading  the files. Isn't relevant if the data stream is encrypted 
while you know the IP of the origin.

The Busines Week article has another, in my opinion, flawed assertion: 
"The industry group will need cryptographers and security experts to 
break the protocols used for cloaking the traffic in order to merely 
determine whether a song traveling on the Blubster, FreeNet... is 
pirated or an amateur recording with no copyright restrictions." This 
implies that the RIAA will access the data streams of the ISPs so they 
can decode the data. How are they going to monitor the data? Will the 
courts issue broad monitoring powers to the RIAA so they can intercept 
the ISPs' traffic without knowing beforehand if there are copyright 
violation?

Then, I think the issue isn't if the networks are encrypted and the 
possible consquences of that. The issue should be the growth in p2p 
networks where you participate by invitation so the RIAA will need to 
"infiltrate" such networks to prosecute the "offenders".


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