Stimulus bill may have allowed packet inspection

An amendment approved by Congress could allow ISPs to carry out packet inspection

An amendment (PDF) to the stimulus package could have a bearing on the net neutrality bill currently under consideration by Congress.

California Democratic senator Dianne Feinstein introduced the amendment to the stimulus package currently being debated on Capitol Hill. The clause would allow internet service providers (ISPs) to carry out packet inspection under the guise of network management.

"In establishing obligations under paragraph (8), the assistant secretary shall allow for reasonable network management practices such as deterring unlawful activity, including child pornography and copyright infringement," the amendment reads.

The amendment is similar to language used by Comcast in its case against the Federal Communications Commission, in which the ISP claimed that it was slowing download speeds for files in order to better manage traffic over its network.

However, the clause was introduced as part of a Managers Amendment package in Congress, where a grab bag of amendments gets debated by Senate leaders and has to pass via a unanimous vote. The vote failed but may be reintroduced as part of ongoing negotiations on the bill.

"“This is Hollywood. They never give up," said Art Brodsky, communication director at Public Knowledge, a public interest group for the technology industry. "These guys never quit. I have no doubt they will be back."

While President Obama is a supporter of net neutrality, it seems that the ISP industry is planning its own responses to allow it to introduce variable pricing.

Feinstein has strong links with the Hollywood industry and has in the past sought to make the addition of digital rights management software mandatory for internet music stations.