more on Ohio University announces changes in file-sharing policies

[David Farber <dave () farber net>]

Begin forwarded message:

From: Jim Thompson <jim () netgate com>
Date: April 27, 2007 8:58:16 AM EDT
To: dave () farber net
Cc: Brett Glass <brett () lariat net>, dpreed () reed com, Doc Searls  
<doc () ssc com>
Subject: Re: [IP] more on Ohio University announces changes in file- 
sharing policies

David Farber wrote:
> Begin forwarded message:
> From: Brett Glass <brett () lariat net>
> Date: April 26, 2007 1:33:20 PM EDT
> To: dave () farber net, ip () v2 listbox com
> Subject: Re: [IP] more on Ohio University announces changes in file- 
> sharing policies
> At 09:22 AM 4/26/2007, David Reed wrote:
> > It would be interesting to know whether Ohio University, an agency of
> > the state, is inspecting the content of packets being sent between
> > ordinary citizens in its enforcement activities in this regard.
> Any facilities-based Internet provider -- public or private -- is
> required by CALEA to be able to monitor traffic.


Well, soon;
<quote link="http://www.fcc.gov/calea/";>
CALEA Compliance for Packet Equipment, And Equipment for Facilities- 
Based Broadband Internet Access Providers and Providers of  
Interconnected VoIP

All facilities-based broadband Internet access providers and  
providers of interconnected VoIP service have until May 14, 2007 to  
come into compliance with CALEA.
</quote>

Of course, it remains to be seen if Ohio University is a "facilities- 
based Broadband service provider":

<quote link="http://hraunfoss.fcc.gov/edocs_public/attachmatch/ 
DOC-260434A1.pdf">
The Order is limited to facilities-based broadband Internet access  
service providers and VoIP providers that offer services permitting  
users to receive calls from, and place calls to, the public switched  
telephone network.  These VoIP providers are called interconnected VoIP
providers.

The Commission found that the definition of “telecommunications  
carrier” in CALEA is broader than the definition of that term in the  
Communications Act and can encompass providers of services that are  
not classified as telecommunications services under the  
Communications Act.
CALEA contains a provision that authorizes the Commission to deem an  
entity a telecommunications carrier if the Commission “finds that  
such service is a replacement for a substantial portion of the local  
telephone exchange.”

</quote>

If its not, its not subject to the requirements of CALEA.

And in any case, CALEA only requires surveillance under a court  
order, which Ohio University doesn't have "across the board".

> And any responsible ISP should be able to monitor his or her  
> network for abuse.

Is someone (other than RIAA/MPAA) asserting "abuse" here?

> Media piracy software (sometimes called "P2P" software by people  
> who wish
> to conflate it with legitimate software that operates in a peer to
> peer mode) abuses the network, often without the consent of the user
> who installed it.

I most recently used P2P software to download the latest release of  
Ubuntu.

Remember that significant "non-infringing" use gives a reason for the  
software to live.

> Universities have the right, and in fact an obligation,
> to prohibit crimes on campus.

Thats funny, the police don't have an obligation to prohibit crimes,  
when (and why) did we saddle universities with this requirement?

> And any ISP -- especially a University, where much network abuse  
> occurs
> -- is therefore fully within its rights to prohibit abuse of the  
network.

I doubt OSU's students are hitting your Laramie, WY-based network,  
Brett.

Jim


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