Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/13816
Title: Deep Pockets, Packets, and Harbors
Contributor(s): Margoni, Thomas (author); Perry, Mark  (author)orcid 
Publication Date: 2013
Handle Link: https://hdl.handle.net/1959.11/13816
Abstract: Deep Packet Inspection is a set of methodologies used for the analysis of data flow over the Internet. It is the intention of this Paper to describe technical details of this issue and to show that by using Deep Packet Inspection technologies it is possible to understand the content of Transmission Control Protocol/Internet Protocol communications. These communications can carry publicly available content, private users' information, legitimate copyrighted works, and even infringing copyrighted works. Legislation in many jurisdictions regarding Internet service providers' liability, or more generally the liability of communication intermediaries, usually contains 'safe harbor' provisions. The World Intellectual Property Organization Copyright Treaty of 1996 has a short but significant provision excluding liability for suppliers of physical facilities. The provision is aimed at communication to the public and the facilitation of physical means. Its frequent application to cases of contributory or vicarious liability, in absence of specific national implementation, can prove problematic. Two of the most relevant legislative interventions in the field, the Digital Millennium Copyright Act and the European Directive on Electronic Commerce, regulate extensively the field of intermediary liability. This paper looks at the relationship between existing packet inspection technologies, especially the 'deep version,' and the international and national legal and regulatory interventions connected with intellectual property protection, and with the correlated liabilities exemptions. In analyzing these two main statutes, we will take a comparative look at similar interventions in Australia and Canada that can offer some interesting elements of reflection.
Publication Type: Journal Article
Source of Publication: Ohio State Law Journal, 74(6), p. 1195-1216
Publisher: Ohio State University
Place of Publication: United States of America
ISSN: 0048-1572
Field of Research (FOR): 180199 Law not elsewhere classified
180119 Law and Society
Socio-Economic Outcome Codes: 949999 Law, Politics and Community Services not elsewhere classified
HERDC Category Description: C2 Non-Refereed Article in a Scholarly Journal
Other Links: http://moritzlaw.osu.edu/students/groups/oslj/volume-74-number-6/
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