A Moral Dilemma: Open letter to Gnutella community

[innoval]

I’m told, reliably, expect sub-committee hearings or an investigation, starting this fall and early next year; prompted by the recent congressional report commissioned by Rep. Henry Waxman (D) of California and Rep. Steve Largent (R) of Oklahoma. According to the report, new P2P file-sharing programs are increasingly being used to exchange pornography and bypass filters set up by parents. Thousands of pornography videos and photographs, which include child pornography, bestiality, and graphic scenes of brutality and rape, are readily available to children with these programs. All of the content is free, credit cards are not needed, and no attempt is made to exclude minors from accessing it.

The Gnutella network will certainly be front-and-center when hearings occur.

The issue is greatly magnified because pornography rides obtrusively and openly on the coattails of young people’s searches for popular music. A simple search for the name of any popular music star produces a list of songs as well as a large number of often-unrelated pornography videos and photographs. The descriptions of some of these videos and photographs are vivid and lurid by the standards of many people. Make no mistake about it: searching for and downloading music is a popular Internet activity among school-aged children. Make no mistake about it: children are confronted with the worst possible pornography when doing so.

Gnutella’s “dirty little secret” is that home computers, school computers, library computers, and business computers are actively being used – often without the owner’s knowledge or consent – in the dissemination of child pornography. Though it is not a secret to technically savvy users, the public at large is not aware that when people access pornography with file-sharing programs -- a child may do so out of curiosity – they become active participants in its distribution. Once a file has been downloaded the file automatically becomes available for redistribution from the recipient’s hard drive. The recipient thus becomes a distributor, or to be more technically correct, a sharer. Even when young people are only looking for music, the file-swapping programs running on home, school and business computers are being actively used to assist others find pornography. By using one of the popular file-sharing programs, a user implicitly agrees to cooperate with any and all searches by anyone regardless of the nature of the search.

When my company announced that it would provide a free filter to help curb the problem, we hoped for a more positive response from those companies that have a vested interest in the Gnutella network. Instead, we received mostly hostile responses. It was suggested that our filter would disrupt the network, impose unwanted moral standards on others, and defeat the free exchange of ideas and content. In our opinion that is a narrow sighted view. Many users of Gnutella agreed with us. The filter, installed by a parent, school or business, gives the computer’s owner three options: 1) block all Gnutella activity, 2) hide inappropriate content, or 3) not participate in the propagation of inappropriate searches (but only inappropriate searches). It is this last option that has raised the ire of some people. Others, however, have recognized that non-propagation of pornography queries may very well improve the value and performance of the network by reducing a large amount of unwanted traffic.

To not filter, optionally, could very well lead dire consequences for Gnutella and other P2P networks. It won’t be long before members of congress receive live demonstrations of Gnutella. (I am already invited to be in Washington in September and October to conduct demonstrations). I can imagine a public hearing: A computer is placed on the desk before one of the committee members. He or she is asked to imagine himself or herself as a twelve-year old child; then asked to type in something like “Pokemon” or “Mariah Carey;” and finally asked to read aloud, before television cameras, the descriptions of the files that appear on the screen. Quick action to curb Gnutella and P2P will likely ensue unless the P2P industry can demonstrate what it is doing to solve the problem.

There are, among P2P users, those who staunchly defend their rights to exchange any and all information freely. They argue that legislative and enforcement action cannot succeed at interfering with their rights. Technology, they insist, will find ways to protect anonymity and unconstrained distribution of content. Perhaps so; but until then, expect the companies that produce Gnutella software to be targeted or at least inconvenienced with costly legal action. So, too, Internet Service Providers (ISPs), who provide essential connectivity to those who share files, may be targeted. Reports are that it is already happening, to some slight degree.

An argument can be made – and should be seriously considered -- that unconstrained pornography will hurt the sharing of copyrighted music. Though the recording industry has money, clout, and court victories against Napster; they have failed to garner significant and widespread public support for their protests of copyright infringement. Public support to curb P2P pornography, however, and particularly support to curb child pornography, will not be hard to generate. The recording industry certainly realizes that they can be effective by lending support to anti-pornography lobbyists. Expect it.

Proposed legislation to hold ISPs responsible if they allow “worst kind” pornography to flow from “client” machines they service with essential connectivity is likely not far off. Arguments for some measure of control are fortified by the fact that a computer in one’s home or in a school may be used, without obvious knowledge or consent, to share such material. It also may not be long before federal prosecutors and some states’ attorneys general test the power to prosecute not just those who are direct providers and hosting facilitators of child pornography. With Gnutella and P2P, originating sources can remain highly anonymous. Thus, Gnutella software companies and ISPs may be targeted. Though they may be able to defend themselves under current law (I think so), they may not want to face protracted and costly legal action. Small software firms may simply shut down. ISPs may voluntarily block Gnutella and other P2P protocols; either outright, or selectively for certain types of files. If ISPs impose selective blocking rather than full blocking, MP3s may well be targeted because of copyright issues. Winning may simply be too costly. ISPs may well be advised to consider early action before Gnutella grows much more, thus lessening customer dissatisfaction issues and avoiding possible legal action.

I believe that filters, written as responsibly as possible, will help stave off legislative action, legal action, and even ISP action. Gnutella software developers and others who have a financial stake in the network need to recognize this and for the good of open networking endorse and promote filtering.

The moral issue about pornography is murky to some people. So too, it seems, is the moral issue about sharing copyrighted music. But the moral issue about one’ s right to protect children and not actively participate in the dissemination of and searching for pornography, particularly child pornography, is not at all murky. Some will argue that if you use the Gnutella network you have a moral obligation to propagate queries just as your have a moral obligation to share. I understand that, but I respectfully disagree. Gnutella, by design, is uncontrolled and public. Thus a user can participate by degree so long as he or she does not act to hurt others. Not propagating queries for pornography through a privately owned computer is not immoral.

History should teach us that when a problem gains public prominence, one of three possible courses of corrective action takes place: 1) an industry takes initiative to remedy the problem, 2) an industry voluntarily responds to pressure, or 3) the government acts. For some people these possibilities are hard to accept. I understand. There is, among many Internet users, an anti-establishment spirit that feels threatened by the interests of “big business” and “big brother.” There is an inclination among some to want to fight technological “freedom” wars, which will only lead to escalation, make an open and public network into a proprietary closed network, and obviate the opportunity to take a positive initiative. Big business (e.g. Microsoft) will then simply move in and own the open network – with private controls and commercial content.

The problem of sharing copyrighted music is like the speeding problem on an open, public roadway. Most everybody speeds. It is accepted. No one thinks about the moral dilemma of breaking the law by going 65 miles per hour in a 55 MPH limit. Though police have the legal right to set speed traps and give tickets -- which they do – mostly, they enforce the law with a very small percentage of drivers by targeting the worst offenders. However, on the open, public roads drunk driving is not acceptable, at all. On the public, open Gnutella net, child pornography is never acceptable. Worst kind pornography, allowed to continue at current unconstrained levels, may well end the music.

Users of Gnutella should applaud any of the Gnutella companies that encourage the implementation and use of robust filters. Those companies have the best interest of an open network at heart. Frankly, our company, which has other work-in-progress designed to benefit Gnutella users (and make us some money through software sales), is planning on Gnutella’s growth and success as a free, open network.

You have a promise from me: our company will listen to the concerns and suggestions from Gnutella users. We already have. We will also work with other Gnutella companies to help ensure the growth of the network as an open, public network. We are also working to filter existing proprietary P2P networks. We’ll make some mistakes along the way. I’m sure of that. But we’ll correct them as we go, with your help.

Yours truly,

Daniel R. Porter, President and CEO
InnoVal Systems Solutions, Inc.
http://innoval.com/rifilter