Has AT&T Lost Its Mind?
slate.com
slate.com
Also, any amount of traffic filtering can be done on the side without slowing down the traffic. You can always kill the rest of the packets after letting a few through.
Whether or not anyone still intentionally downloads B.S. photos is another matter... but, you know, law professors don't tend to be teenagers. They don't keep up with these things.
There must be some subtly behind AT&T's contemplations. They may have decided that they are losing money on certain of their customers, and as a regulated monopoly that can't just raise prices, they may have to resort to legalities such as this in order to eliminate customers, which as an action they deem more efficient than laying down additional infrastructure.
My guess is they want to start a content delivery system of some sort to sell music/video to a captive audience (their customers) and just want to prepare the ground for blocking out competing pirated content.
This guy doesn't make the best argument in the world, but I think the privacy issues of this alone should kill it. Legal or illegal, I don't want some third party eavesdropping on everything I do online.