How exactly? Cloudflare has been a threat to the open web for as long as I've been paying attention to them
How exactly? Cloudflare has been a threat to the open web for as long as I've been paying attention to them
The dream of a free and equal Internet died on the day shitheads could rent 0wned devices for ddos attacks for 10$ an hour in bitcoin. There would have been a tiny window where governments could have stepped in and demanded that ISPs follow up and act on abuse reports, but Obama on his last legs didn't have the power any more and Trump didn't care.
Ideally, there would be an FCC regulation requiring ISPs above 500 customers have a time frame of two hours between getting notified of an attack originating from their network, investigate it, and cut off the other party unless they had shown evidence of effort to be a better netizen. That would also have led to economic pressure on Microsoft and other vendors (looking at you Java) to actually make their products more secure.
Also what's to prevent attackers from sending tons of bogus alerts to ISPs to muddy the waters and undermine the entire system?
However, swift shutdowns not involving a court would be the wrong way to do it - as wrong as the DMCA is. All that is needed is appropriate consequences for bad behavior, including those shielding bad actors.
I agree that courts have their place, in this case to provide an appeals solution if someone remains blocked by their ISP despite provably not being a bad netizen. But they cannot shoulder the load of policing - in the meatspace, that's done by police, in the digital space the ISPs are the closest equivalent.
Kick off all ISPs which refuse to do good ingress/egress filtering. Kick off all customers which absolutely positively need to be completely exempt from the filtering because of their ultra special snowflake networks, when creating source spoofed abuse a couple times. So now you have an internet with reliable source IPs. Allow ISPs for their customers to push firewall rules blocking abusive traffic to the originating ISP, subject to some fair use rules. If an ISP's firewall slows down because they are overloaded with rules for obvious abuse from their customers ... well that's working as intended then.