Comment Re:let me get this straight (Score 4, Interesting) 284
The copyright infringement problem you describe is only the beginning. The long-term flaw in this plan, I suspect, is that they are claiming to be able to detect a class of "illegal"/"bad" data.
In the early days of the net, this kind of detection was a major part of the pornography debate in addition to the usual copyright stuff. A major defense (one I suspect lead to the creation of the "safe harbor" provisions in the DMCA) was that it is patently unreasonable to force an ISP to decide the legality of each bit that moves across their network. Comparisons were made to the Common Carriers, etc. The consensus seems to be more or less that "safe harbor" idea - that it was only reasonable to request the ISP act after the fact, instead of trying to make them invent some sort of magic "evil bit" detector.
If an ISP wants to ignore all that, though, and volunteer that they have such detection capability... they might be asking for a long line of lawsuits for each item they *failed* to warn about. Even better: it's all the excuse the anti-porn (or anti-whatever) busybodies need to impose their ideas of a "child safe" internet. After all, if you can detect something complicated like copyright infringement, detecting pornography must be trivial.
TL;DR - their lawyer must be having a seizure over the potential liability exposure they seem to be asking for