TechCrunch has a write-up of a Belgian court ruling, based on the EU copyright directive, that Internet Service Providers bear responsibility for stopping illegal file-sharing on their networks. Apparently, though, the ruling doesn’t create a general obligation to monitor.
We get a lot of benefit from treating ISPs as common carriers, empty vessels without any obligation other than to serve their customers. I wrote a piece in Regulation magazine a while back arguing against imposing a responsibility on ISPs to control viruses. Though they can do so as a service to customers, requiring it of them sets a precedent that leads to all kinds of regulation and monitoring being imposed through the ISP bottleneck.