Through A Router Darkly: How New American Copyright Enforcement Initiatives May Hinder Economic Development, Net Neutrality and Creativity

Abstract

On November 1, 2012, Russia enacted a law putatively aiming to protect Russian children from pedophiles. This law authorizes deep packet inspection (DPI), a method used for monitoring, filtering and shaping internet traffic, which has heightened concerns among many leading privacy groups. These groups are concerned with how the government will use such an intrusive method in prosecuting child predators. Central to this concern is DPI’s capability to allow the Russian government to peer into any citizens’ unencrypted internet traffic and monitor, copy, or even alter the traffic as it moves to its destination. The unresolved question is whether the government’s use of DPI will be restrained and utilized primarily to thwart child predators, or whether it will be expanded to lay the groundwork for a new era of national censorship. Although the United States has not yet adopted similar tactics in regulating its citizens’ internet use, Russia’s implementation of the new DPI monitoring and filtering system will provide an educational opportunity for both privacy advocates and policymakers.