The Legality of DPI - Paper by Angela Daly

  

Angela Daly, from the European University Institute - Department of Law, published as abstract for a new paper, discussing the legality of Deep Packet Inspection.

The paper discusses the use of DPI for network security (here), network management (i.e. QoS/traffic management by ISPs), government surveillance, targeted advertising (here) and copyright infringements (here). Aspects examined are privacy, free expression, competition, copyright and due process

Regarding network management, the recommendation sounds (to a non-legal expert like me) similar to Net Neutrality expected guidelines (non-discrimination, transparency with reasonable network management):

".. as regards network management, it seems that some use of DPI to prioritise some types of Internet traffic on a QoS basis would be desirable. However, given the potential (as well as actual) abuse of such a position of network control, it would be unwise to leave network management, even just vis-a-vis a minimum QoS solely to the ISPs: principled, clear, transparent, and ideally independent rules on such network management, to avoid free expression violations and anticompetitive behaviour, would be highly desirable here" .

See "The Legality of Deep Packet Inspection" - here ; Paper - here.