A lot of current torrent sites and uploading platforms have a level of encryption built-in to their servers, which makes distinguishing between illicit and legal content (on behalf of ISPs) next to impossible. Since torrents are based on the premise of sharing bits -not entire files- it compounds the difficulty of being able to know indiscriminately what data (nevermind what TYPE) is being transferred across The Series of Tubes. From the MPAA’s and RIAA’s perspective, the real criminal pursuit is finding the individuals that originally upload material prior to opening day or proper release, respectively. Beyond that, it gets vague in legal senses to pursue seeders, unless torrent sites have their servers seized and magically decoded with their activity logs intact. ISPs usually have embedded user agreements that protect individuals from the release of private information, but sometimes government pressure makes those agreements crumble.

Regardless of how ISPs want to deal with torrenting (aiding or abetting), the torrent users will adapt and subvert the infrastructure presented. Torrent users are already using disinformation (i.e. mislabeling links or files) to subvert and post content on legitimate hosts like VeOH, YouTube, Vimeo, etc. If ISPs intend to become traffic routers instead of hosts, then the torrent platform interface will require an iTunes-like overhaul to have any success with the average user. But, as long as privacy agreements stay intact, I don’t think it matters what ISPs decide.

On a sidenote, I hope that ISPs and Copyright organisations will realise at some point that they have been using a perpetual malaprop towards illicit torrenting… i.e piracy. To use a poor metaphor, users have collectively built a public library that is commonly viewed as a building full of thieves. Would hiring a librarian be enough to legitimise it?