P2P and Copyright Violations

The effectiveness of many proposed policies regarding both online copyright protection and network neutrality depend on the extent to which it is technically possible to detect peer-to-peer file sharing (P2P), the transfer of copyrighted files, or both. There are many detection approaches, some performed primarily by network operators and some by application-layer agents. This paper describes capabilities, limitations, privacy issues, and policy implications of detection technologies and their countermeasures, in part through quantitative analysis of empirical data. Different approaches are better for different purposes. Network operators are well-positioned to estimate how widespread copyright violations are, but application-layer detection from outside entities has important advantages when the purpose is punishment. Detection is also imperfect, so policies should require more transparency regarding how it is done than we see today. It is shown that, although network operators may not detect every transfer, and they typically miss more video than audio, they can identify most individuals who share copyrighted files via P2P after several weeks of monitoring provided that traffic is unencrypted, which is useful for some purposes. However, it is also shown that encryption is already in use, and it effectively prevents network operators from detecting transfers of copyrighted content. Thus, if network operators are hel