I Could Listen In - But Should I Have? Telephone vs. Internet

The most recent "leak"(pdf) of the ACTA (Anti-counterfeiting Trade Agreement) negotiation papers has a point from the Japanese that would make ISPs liable for damages if there is even the possibility that they could (presumably through monitoring all traffic) know that an infringement "is occurring".

Back when I was working for the local phone company (many, many moons ago, before the telco was computerized) it was technically possible for me to "jack in" to any of the many switches in the switch room (I carried a "butt-in" with the requisite plug) and listen in on the conversation the switch carried. It was TECHNICALLY POSSIBLE - but it was not allowed unless I was specifically checking for a problem. 

Today it is technically possible for the various network switches to monitor for almost anything... TECHNICALLY POSSIBLE - not mandatory.

I AM NOT A LAWYER (IANAL) but... it seems to me that if an ISP makes the attempt to look for anything - including what the Japanese are talking about - "illegal" music/video copying - then they make themselves liable for EVERYTHING - including the email from ex-lover to lover about murder, kiddy porn, and any/all mayhem that might be dropped into their legal lap.

This is an example of why I think ISPs should be considered Common Carriers. They should NOT be required or expected to look at the contents of the traffic they carry. They, as with anyone, should be required only to report any illegalities they come across in the normal course of their business - and the normal course of an ISP's business is not looking at the content of the traffic they carry.