[Steven Lyle Jordan]

I was inspired by Taylor514ce to start this discussion, which I touched on in another thread. In light of the fact that DRM doesn't do the job in preventing e-book piracy, I wanted to suggest an alternative, independent of the other discussions, and I'd like to hear comments on the idea.

The idea is based on current efforts in law enforcement, with internet developers, to devise a way to cut down child porn and find child pornographers through web traffic monitoring and detection. Their methods have been based around the idea of devising a way for child porn images to be identified by web technology as it moves through the web, even drilling into encrypted files to identify the elements common to child porn images. The theory is that any bit of data so identified can be tracked to a sender and a recipient, using new or existing technology at the ISP level, allowing the authorities to locate the computer used and apprehend the owner.

Substitute child porn images with copywritten texts, and you have the idea.

The first part of this idea, ID'ing possibly encrypted files as they go from place to place, is obviously the hard part, and the main sticking area with authorities and tech developers at this point. Nonetheless, they are supposedly making progress. The matter might be easier with text, as it is easier to capture text and compare it directly with a database of text stored somewhere, than it is for a computer to examine pixels and make a determination of the context of the picture. Programs are already in use by law enforcement and governments, designed to recognize key words and phrases linked to crime and terrorism, and flag those messages. An offshoot of that tech might be applicable here.

If the text can be identified, tracking it is relatively easy. It would only require cooperation from an ISP to track and identify an account or computer, something ISPs are already providing to law enforcement agencies. A copywritten text could therefore be tracked to the person who sent it, supposedly the one who illicitly copied it, and the recipient, determine who (if either) is operating against the law, and act accordingly.

Like so many methods of crime prevention, there are clearly issues of privacy here. The public will have obligations to meet, just as they do when they bring their driver's license to drive a car, or agree not to share cable service with their neighbor. The question is whether or not this system would be workable and fair enough to justify sacrificing an amount of privacy to allow it? How much of an amount? Is any sacrifice of privacy worth catching copyright violators?

And of course, how likely is such a system to work well enough to curb e-book piracy, bring improved confidence to the publishing industry, and foster increased e-book marketing and sales?

For the purposes of ease of discussion, I will refer to this idea as Traffic Management, or TM.

I invite comments. I'm interested to hear what others think of the workability of this idea.