Australian company Brilliant Digital Entertainment Ltd. – known formerly as Altnet – claims it can stop child pornography on the internet with CopyRouter, the new tool it is pitching (PDF) to ISPs and law enforcement agencies in the United States.
Brilliant Digital says CopyRouter sits in between an ISP’s subscribers and their internet connection, monitoring all data that passes through for illegal files defined by a hash list provided by law enforcement, copyright holders, or subscribers’ own submissions. CopyRouter uses deep packet inspection to peek inside the contents of connections, and Brilliant Digital says it can use this to monitor e-mail attachments, HTTP downloads, and peer-to-peer protocols like Gnutella or FastTrack.
When CopyRouter detects someone trying to download child pornography, it intercepts the connection and replaces the data in transit with an alternate file – presumably one provided by law enforcement. A PowerPoint presentation (PDF), given to a number of groups including AOL, the administration of New York Attorney General Andrew Cuomo, and the National Center for Missing and Exploited Children (NCMEC), portrays simulated examples where CopyRouter replaced a blacklisted file with a warning from law enforcement – denying the downloader the material he or she originally requested and adding the attempt, sans any information on who requested what, to a log file.
More importantly, Brilliant Digital claims CopyRouter is able to beat countermeasures. Connection handshakes that negotiate things like compression or encryption – common techniques that are sometimes used to fool deep packet inspection – are silently manipulated so that connection is actually read as plain text, unbeknownst to either party.
“We have been working on it for some time,” says Brilliant Digital’s Michael Speck, commercial manager for the company’s law enforcement products, in an interview with MSNBC. “We've been in negotiations with ISPs and law enforcement agencies and content owners.”
Before the company renamed itself to Brilliant Digital, it developed and led a variety of anti-piracy initiatives under the name Altnet; the hash-based filtering system it devised in CopyRouter appears to be the spiritual successor to a similar technology it pitched to music organizations in 2006.
Further back, the company published a controversial add-on packaged with file-sharing client KaZaA, of which some eventually labeled as spyware.
Both the anti-piracy tech and CopyRouter include numerous references to a “Global File Registry,” which Brilliant Digital intends to use as a private clearinghouse for hashcodes of contraband data. GlobalFileRegistry.com includes advertising text targeted at both music organizations such as the RIAA and law enforcement agencies such as the FBI.
Despite this, Brilliant Digital has yet to bring any law enforcement agencies on board. Questions pertaining to CopyRouter’s legal viability abound, and thus far both ISPs and the government are keeping their distance.
“We have not pressured anyone to use this technology,” said Cuomo spokesman Matthew Glazer. “We have nothing to do with this technology.”
Anonymous officials at AOL confirmed Glazer’s statements, telling MSNBC that AOL was indeed not pressured by Cuomo’s office to implement Brilliant Digital’s technology. Instead, they said, AOL checks e-mail attachments for child pornography with its own hash-based system, using data gathered from subscriber complaints and internal investigations. It is unclear as to whether or not AOL forwards the results to law enforcement.
“We'd be grateful for any assistance in getting this to the relevant ISPs and law enforcement agencies, and making any adjustments necessary,” says Speck. “It was made very clear that, for this to be a viable law enforcement tool, this would have to operate within the legislative framework within the country.”
One of the largest legal hurdles revolves around who compiles the hashlist. If the list is privately maintained, then ISPs have more freedom to report CopyRouter’s findings to the authorities, because its monitoring can be worked into subscriber agreements. If the government steps in at that stage, it could run afoul of U.S. communications and privacy laws, as well as the Constitution.
Many of those hurdles are likely to be overcome, however, by the Combating Child Exploitation Act of 2008, which recently passed both the House and Senate. One of the bill’s provisions allows the non-profit NCMEC to hand out distribute its hash database of child pornography to ISPs, who can then plug the list into programs CopyRouter or other systems. The bill would also hold ISPs accountable, to the tune of $300,000, for each time they fail to report an infraction.
A previous child pornography initiative, also authored by Cuomo’s office, saw the United States’ top ISPs curtailing access to Usenet, after investigations found that a small subset of newsgroups offered child pornography available for download. When ISPs failed to act on information that they were storing those images – each Usenet server stores its own copy of all the newsgroups it carries – Cuomo’s office threatened them with legal action.