I imagine most ISPs would be able to advise how much traffic was downloaded by a given customer in a given period, since that feeds directly into the billing process, and may also know what type of traffic it was through DPI (including heuristic analysis), but anything beyond that would be guesswork, and without some trusted packet captures of the relevant time period, it would be very hard for an ISP, or the user, to be able to prove either way that a data was or was not downloaded, and that's why the "guilty until proven innocent" stance of the new law has created so much outrage. On 2/09/2011 8:33 a.m., Brian E Carpenter wrote:
That is the so-called rights owner's problem. The ISP's problem should be helping their own customers to prove their innocence when they contest the alleged infringement under the guilty-until-proved-innocent regime.