
The RIAA, which represents the recording industry, was born out of frustration and anger over the loss of control of content. It’s not, to put it simply, a happy camper, and probably never will. Anything and everything the RIAA perceives as bad for the recording industry is something else for the RIAA to rail against, no matter how good that something might be for the rest of us. The RIAA is now on the warpath against net neutrality. It seems that net neutrality limits the ability of ISPs to act as its brownshirts in the RIAA's war against file sharing. So net neutrality, according to the RIAA, has gotta go.
In a filing with the Federal Communications Commission (FCC), the RIAA is arguing that the adoption of strict net neutrality rules will limit the ability of ISPs to flexibly address illegal online file sharing. According to the RIAA, “ISPs are in a unique position to limit online theft. They control the facilities over which infringement takes place and are singularly positioned to address it at the source. Without ISP participation, it is extremely difficult to develop an effective prevention approach.”
It seems the RIAA has given up trying to sue the pants of everybody who shares files and wants ISPs to now do their dirty work. But net neutrality makes this impossible. ISPs would be limited in blocking illegal file sharing, which the RIAA wants ISPs to be actively encouraged to do.
Some large ISPs are not too keen on becoming the lapdog of the RIAA. They’ve already rejected the RIAA’s request to disconnect subscribers after three copyright violations. Rather than pander after the ISPs, the RIAA is looking to have the FCC compel the ISPs to fall into line, and police their networks for illegal file sharing.
There are others, such as Public Knowledge, the Consumer Electronics Association, and the Electric Frontier Foundation, who are opposed to the RIAA’s position. They say the FCC should keep its nose out of copyright enforcement, and so too should ISPs. Snooping or limiting service interferes with legitimate, and legal, network activity. According to them ISPs are "poorly placed to determine whether or not transfers of content are infringing or otherwise unlawful, a task generally reserved to attorneys, courts, and law enforcement.” In other words, let the RIAA do its own dirty work.