The EFF has argued that
if file-sharing software is illegal, then so is the Internet, at least in its present incarnation as an unregulated peer-to-peer network where any machine can connect to any other and transfer any bits. Interesting argument, though it could backfire; one can imagine a judge ruling that the anarchy of the Internet is actually a form of racketeering, and mandate that carriers and ISPs do something about it (such as introduce mandatory traceability and/or copy-denial technologies at the protocol level).