Forcing the Net Through a Sieve: Why Copyright Filtering is Not a Viable Solution for US ISPs

Copyright filtering, the latest proposed "magic bullet" solution from the major music and movie studios and industry trade groups, poses a number of dangers to Internet users, legitimate businesses and US federal government initiatives to increase the speed, affordability and utilization of broadband Internet services. This whitepaper presents a number of reasons why the use of copyright filters should not be allowed, encouraged or mandated on US Internet Service Provider (ISP) networks. Among them: 1) Copyright filters are both underinclusive and overinclusive. 2) Copyright filter processing will add latency. 3) The implementation of copyright filters will result in a technological armsrace. 4) Copyright filters do not make economic sense. 5) Copyright filters will discourage investment in the Internet economy. 6) Copyright filters will harm free speech. 7) Copyright filters could undermine the safe harbor provisions that shield ISPs from liability. 8) Copyright filtering could violate the Electronic Communications and Privacy Act.