ISPs have the technological ability to interfere with Internet traffic
Internet traffic is nothing but a stream of ones and zeroes, and the computers that run the Internet can be programmed to manipulate that data in an infinite number of ways. As a technological matter, the administrator of a broadband system has many ways of interfering with online activities—and those possibilities are expanding year by year.
In particular, the growing availability of a technology called “deep packet inspection” (DPI) has greatly expanded the potential for fine-tuned control over Internet communications by ISPs. When data is sent across the Internet, it is divided up into “packets.” Each packet contains certain “header” information that is used to route the packet to its destination. However, in the past few years, technology has given ISPs the ability to scan not only the headers, but the content or “payload” data of each packet—and quickly enough to make real-time routing decisions based on that content. This is the equivalent of delivering mail “not based on the address or type of stamp on the envelope but on the type of letter contained therein” (as the FCC put it when Comcast was caught doing this).10 That kind of “inspection” constitutes not only an invasion of privacy, but also opens up an entire world of possibilities for messing with Internet traffic, limited only by the imagination of the company and its programmers.
In fact, ISPs have the potential for an all-seeing, all-controlling power over the activities of customers on their network—often in ways that are invisible to their customers: