Sonia Katyal is up, reminding us that it's important to think about the relationships among public/private law enforcement and surveillance.  Cyberspace allows us to contemplate the limits and possibilities of architecture and law.

Focusing on piracy surveillance:  monitoring users.  Convergence between modes of consumer surveillance and law enforcement -- but quite distinct from both.  An extrajudicial regime of copyright enforcement that poses serious complications for privacy, security, and anonymity.

Basic premise of the paper is an architecture of p2p transmissions.  Rise of piracy surveillance in cyberspace is attributable to this type of architecture.  In property, we have bricks for architecture; in cyberspace, architecture is permeable, allows facilitation of surveillance.  As consumer surveillance rises, we see rise of piracy surveillance.  (By piracy surveillance, she means monitoring that encompasses private notions of infringement; done privately; extralegal -- outside of ongoing litigation). 

Interesting from an IP perspective, because this kind of surveillance alters understanding of IP rights in cyberspace, by giving copyright a predatory and invasive and panoptic dimension.  Speech-based judgments as well.  Enables a copyright owner to determine whether or not an individual is engaging in fair use (and raises substantial due process concerns).

Three major forms of surveillance:  raise similar issues.  Eg, monitoring, using smart agents or bots that search for files.  Key problem raised by that is seen in Verizon case (challenge to 512(h)).  Disclosure of identity with very little real judicial oversight.

Also, problem that similar (but noninfringing) files will be caught up in this.

And how do we protect anonymous speech.

Two other forms of surveillance:  DRM collecting consumer information.  And interference (self-help).

Normative conclusions:  This modes raise complicated questions about the intersection of privacy and identity.  We shouldn't avoid enforcement, but should do it to fit freedom of speech and informational privacy.  Don't force tradeoff between privacy and protection of property.