The parties were back in court this last week to hammer out the exact details of the injunction.
The final wording of the injunction requires BT to block customer access to Newzbin2 by #1(1) rerouting traffic to relevant IPs and #1(2) applying “DPI based” URL blocking. The movie companies have to tell BT which IPs and which URLs are relevant.
#2 of the injunction says that BT can use its existing “Cleanfeed” system (which I wrote about here and at greater length in my PhD thesis here) to meet the requirements of #1, even though Cleanfeed isn’t believed to use DPI at all !
#3 and #4 of the injunction allows the parties to agree to suspend blocking and to come back to court in the future, and #5 relates to the costs of the court action.
One of the (few) upsides of this injunction will be to permit lawful experimentation as to the effectiveness of the Cleanfeed system, assuming that it is used — if the studios ask for all URLs on a website to be blocked, I expect that null routing the website entirely will be simpler for BT than redirecting traffic to the Cleanfeed proxy.
Up until now, discovering a flaw in the technical implementation of Cleanfeed would result in successful access to a child sexual abuse image website. Anyone monitoring the remote end of the connection might then draw the conclusion that images had been viewed and a criminal offence committed. Although careful experimental design could avoid law-breaking, it might be some time into the investigation process before this was properly understood by the criminal justice system, and the intervening period would be somewhat stressful for the investigator.
There is no law that prevents viewing of the contents of Newsbin2, and so the block circumvention techniques proposed over the past few years (starting of course with just using “https”) can now start to be evaluated as to their actual effectiveness.
However, there is more to #1 of the injunction, in that it applies to:
[…] www.newzbin.com, its domains and sub-domains and including payments.newzbin.com and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Newzbin2 website.
I don’t expect that publishing circumvention experience here on LBT could be seen as the predominant purpose of this blog… so I don’t really expect these pages to suddenly become invisible to BT customers. But, since the whole process has an Alice in Wonderland feel to it (someone who believes that blocking websites is possible clearly had little else to do before breakfast), it cannot be entirely ruled out.