FOGINT: Internet Service Providers in the Hot Box
October 9, 2024
The only smart software involved in producing this short FOGINT post was Microsoft Copilot’s estimable art generation tool. Why? It is offered at no cost.
For several years, I have used the term “ghost providers” to describe online service providers as enablers of online crime. The advent of virtual machines and virtual servers operated by customers who just pay a monthly fee and do everything themselves provides a great foggy ground cover. If an investigators speaks with one of these providers, the response includes variations of “We don’t know” and “No clue, bro.” The reason is that the service provider provides access to a system, includes no support, and leaves it up to the person paying the bill to be the cook, bottlewasher, and janitor. These outfits are in the service business with a range of offerings: Full service to DIY.
“Oh, we cannot see what is on the virtual machines working as virtual servers,” says the bright ISP operator. Thanks, MSFT Copilot. That’s pretty lousy fog if I say so myself.
Italy wants to take action to prevent enablers who provide ghost services with bare metal and zero service other than pings, plumbing, and power. “ISPs ‘Betrayed’ Over Pirate Site-Blocking Threats, The Reckoning Will Be Invisible” reports that Italy’s
advanced legal weaponry is incapable of dealing with distant pirate IPTV services. Instead, it mainly targets communications infrastructure, much of it operated by rightsholders’ supposed allies – ISPs – who were given no say in the matter.
Torrent Freak’s view of the law is somewhat reserved, even skeptical. The cited article continues:
if pirate sites share an IP address with entirely innocent sites, and the innocent sites are outnumbered, ISPs, VPNs and DNS services will be legally required to block them all. Since nobody ever passes bad law and good laws hurt no one, blocking innocent sites can be conducted guilt-free from the moral high ground.
Among those with a strong view of the law is Giovanni Zorzoni, president of the Italian Internet Provider Association. No big surprise, FOGINT surmises. The article quotes him as saying:
“Irresponsible initiative that, in the sole interest of the football lobby, tramples on operators, [AGCOM] and the Internet ecosystem,” he said. “Thanks to the new law, they will be able to block sites that are no longer exclusively, but also ‘mainly’ used to distribute illegal content, substantially widening the scope of [rightsholders’] discretion. It may therefore happen, much more frequently, that even legitimate addresses that are only accidentally used for the transmission of pirated content are blocked,” Zorzoni added.
Google offered some input which Torrent Freak presented; to wit:
Diego Ciulli, Head of Government Affairs and Public Policy at Google in Italy, expressed concern over the likely effect on the justice system in Italy should Google be required to comply. Under the label of “fighting piracy”, Ciulli said that digital platforms will be required to notify the judicial authorities of ALL copyright infringements – present, past and future – when they become aware of them. That could be a problem. “Do you know how many there are in the case of Google? At the moment, 9,756,931,770. In short, the Senate is asking us to flood the judicial authorities with almost 10 billion URLs – and provides for prison if we miss a single notification. If the law is not amended, the risk is to do the opposite of the spirit of the law: clog up the judicial authorities, and take resources away from the fight against piracy,” he warned.
Yep, imagine if ISPs had to block packets containing information directly linked to illegal activities. That is, it seems, to be a lot of work for the ISPs to do.
Several observations:
- Some service providers are known for their willingness to facilitate content which breaks laws
- The “virtualization” of “services” provides a 24×7 disco dance fog machine to hide certain activities from staff, other customers, and government authorities
- The money derived from the customers who exploit the willful obfuscation makes the service provider business tick.
Is the Italian law a remedy? No. Will other countries crank up regulation of ISPs? Yes. But after decades of a digital Wild West, fences will not be erected overnight. As a result, the black sheep will roam among wild ponies and make a range of online crimes possible and lucrative. That’s quite a marketing position for some firms.
Stephen E Arnold, October 9, 2024
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