Part of the video-sharing site's defense is that any copyright violations posted to the site are the fault of the users who put them there, not YouTube itself.
Binding the Department of Homeland Security to ISPs and phone companies is a slippery slope and they have resisted sharing information because of the legal liabilities due to privacy violations.
Despite three complaints that EPIC has issued against perceived privacy violations by Google Buzz and Facebook's recent data-sharing moves--one released Tuesday--the FTC hasn't taken any action against the companies.