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[Wired] Copyright Scofflaws Beware: ISPs to Begin Monitoring Illicit File Sharing - Page 29

post #281 of 411
Quote:
Originally Posted by HardwareDecoder View Post

and yea 5 years in jail + 250,000 possible fine, can you tell the companies wrote that law lol..... you get less time for hurting someone usually and no where near the fine
Wow that's ridiculous. In Canada I think it's a little less severe, but it is still way too harsh. The RCMP said that they weren't interested in pursuing pirates, and that it was practically impossible to track them, though. I guess they must have had better things to do than enforce copywrite law, unlike the government in a lot of countries, apparently. rolleyes.gif
post #282 of 411
Ropened.

Folks, lets try to keep this thread clean of any dramas/conflicts/arguments/politics and since this involves file sharing, please refrain from condoning piracy or admit you've actually pirated a piece of software/game. Otherwise, warnings/infractions will be issued.

Thanks
post #283 of 411
Legal Link
This covers some interesting factors. Thought this would add to the knowledge base for OCN users.
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post #284 of 411
Quote:
Originally Posted by mikeymac17 View Post

Legal Link
This covers some interesting factors. Thought this would add to the knowledge base for OCN users.

"Abstract:
Although computer logs typically correlate online activity only to Internet Protocol (IP) addresses, those addresses can be used to expose the individuals behind the computers. While various federal statutes protect similar data, such as telephone numbers and mailing addresses, as Personally Identifiable Information, federal privacy law does not sufficiently protect IP addresses. It has become commonplace for litigants to subpoena Internet Service Providers (ISPs) to unmask online speakers, and, because many ISPs have no reason to fight these subpoenas, they readily give up their subscribers’ names, addresses, telephone numbers, and other identifying data without demanding any court oversight or providing any notice to those identified. Left unchecked, such reporting could undermine free speech and the free exchange of ideas by encouraging users to censor their own online conduct.

This Comment explores the possibility of protecting the IP address itself as Personally Identifiable Information (PII). It explores the various definitions of PII and the relevant technical aspects of IP addressing. It concludes that, despite some technical shortcomings, IP addresses are functionally similar to other types of PII and should be similarly protected in order to protect online privacy. "

It's not paywalled, which is nice (thanks!), and is a 53 page .pdf file to look at. Based on the abstract, it looks to be an interesting read, but I doubt I'll have time to get to it. I'll try though, thanks for the link!
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post #285 of 411
Quote:
Originally Posted by mikeymac17 View Post

Legal Link
This covers some interesting factors. Thought this would add to the knowledge base for OCN users.

i saw a federal judge had ruled some months ago out of I believe the northern district of Virginia that someones IP was not enough to prove a certain HUMAN BEING downloaded anything BEYOND A REASONABLE DOUBT because of the ability of IP's to be spoofed...
Edited by HardwareDecoder - 10/16/12 at 10:59am
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post #286 of 411
Quote:
Originally Posted by HardwareDecoder View Post

i saw a federal judge had ruled some months ago out of I believe the northern district of Virginia that someones IP was not enough to prove a certain HUMAN BEING downloaded anything BEYOND A REASONABLE DOUBT because of the ability of IP's to be spoofed...
Was the guy running a wireless setup? It wouldn't be hard to do it beyond a reasonable doubt for someone living alone with only a wired connection.
post #287 of 411
Quote:
Originally Posted by Art Vanelay View Post

Was the guy running a wireless setup? It wouldn't be hard to do it beyond a reasonable doubt for someone living alone with only a wired connection.

I would also wonder how they take into account knowing without a doubt that it was a wired/wireless connection. True, having a wireless router FROM THE ISP would open that up for plausible deniability, but what about those of us who use aftermarket wireless routers to compensate for crappy offerings from our ISP? I could lean on plausible deniability simply by proving I have a wireless router and that wireless is functional on it. That could narrow it down to others in my apartment building, but there's no direct probably cause to perform any invasive search on any part of their property to determine if they'd had access to my systems. They could try and get info from my router, but info the ISP could provide would be limited since it's not theirs to give information from. Anything more would be delving into my personal hardware which I'm fairly certain would require a warrant.
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post #288 of 411
Quote:
Originally Posted by PostalTwinkie View Post

Quote:
Originally Posted by fantasyalive View Post

Well i was going to post it was recently ruled that people providing open wifi can't be held responsible but upon further investigation that was Finland not the US. redface.gif

In the US you are ultimately responsible for your internet connection, open or otherwise. By leaving your connection open, for any reason, you take full responsibility for what happens on it, and can face legal action. However, it is rare to see the law enforced in this manner, at least I don't know of many cases where a company was nailed for their free wifi service.

I'm very, very late here, but:

Ok? "I have a 128-bit WEP key on my wireless connection that I couldn't crack myself with a dual-GPU setup and software running for weeks. I also have it randomly generated every 15 minutes. Someone must have miraculously managed to crack it and piggy-back off me to use my internet connection and illegally download several gigabytes of copyrighted software, movies, and music. Check out my huge Amazon-purchased MP3 library and my Steam games list breh." What then? It's pretty difficult to argue and prove against that. If an ISP ever gets to the point where they're accusing me of such a thing, I'll have them speak to my personal lawyer and have them obtain a warrant if they want to go as far as searching my computer hardware for evidence of any such illegal downloads.

"You" (ISPs) can't demand that your customers have government-grade security without providing it to us, and should therefore not be able to come to a verdict that we're directly committing piracy just because your systems show that there was a lot of P2P traffic through our service connection. Reminds me of the recent fiasco over red light cameras, toll cameras, etc. If my car was stolen at 4AM while I was sleeping, the thief robbed a bank and got away (but my license plate and car were caught on camera) am I the criminal to arrest? Is it my fault that my car's factory alarm (and in my case, my aftermarket alarm with it as well) weren't "secure enough" to stop someone from stealing and using it for illegal activity?
Edited by Stealth Pyros - 10/16/12 at 12:18pm
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post #289 of 411
Quote:
Originally Posted by Stealth Pyros View Post

I'm very, very late here, but:
Ok? "I have a 128-bit WEP key on my wireless connection that I couldn't crack myself with a dual-GPU setup and software running for weeks. I also have it randomly generated every 15 minutes. Someone must have miraculously managed to crack it and piggy-back off me to use my internet connection and illegally download several gigabytes of copyrighted software, movies, and music. Check out my huge Amazon-purchased MP3 library and my Steam games list breh." What then? It's pretty difficult to argue and prove against that. If an ISP ever gets to the point where they're accusing me of such a thing, I'll have them speak to my personal lawyer and have them obtain a warrant if they want to go as far as searching my computer hardware for evidence of any such illegal downloads.
"You" (ISPs) can't demand that your customers have government-grade security without providing it to us, and should therefore not be able to come to a verdict that we're directly committing piracy just because your systems show that there was a lot of P2P traffic through our service connection. Reminds me of the recent fiasco over red light cameras, toll cameras, etc. If my car was stolen at 4AM while I was sleeping, the thief robbed a bank and got away (but my license plate and car were caught on camera) am I the criminal to arrest? Is it my fault that my car's factory alarm (and in my case, my aftermarket alarm with it as well) weren't "secure enough" to stop someone from stealing and using it for illegal activity?

really? took me 10 mins to crack my WEP on a core 2 duo laptop.......
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post #290 of 411
Quote:
Originally Posted by HardwareDecoder View Post

really? took me 10 mins to crack my WEP on a core 2 duo laptop.......

Pics or it didn't happen biggrin.gif
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