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IPRED and file sharing ...

In the previous text, I have gone through the legal position and views on copyright. Another dimension is the society's efforts to compel compliance with the law in such a blatantly left the general consciousness far behind.

What we have seen already is that the sharing of individual files is a misdemeanor and thus are not prerequisites for the search. This was discussed fervently for a few months ago. A good summary is here: Link

Now, let's play with the idea;

  • Interested parties can log users, and the resolution you have is that one can determine the IP address used for file sharing.
  • The IPRED law can request information on the physical person, this IP address is attributable to
  • BUT, the accused can always defend themselves by saying that it has an open WiFi for guests and people that are within radio coverage of the access point may have done filesharing
  • ERGO: In principle, one might nevertheless say that the search warrant still would be required if evidence is sufficient. A reasonably talented pirates might otherwise fairly easy to show that the requirement "beyond all reasonable doubt" really can not be satisfied because it can actually be many associated with this IP address, both within and perhaps outside the household

To make a long story short, we take any element on a search;

  • The search warrant is required prison sentencing range
  • Only serious breach of copyright is the prison in the sentencing range
  • Single files do not execute felony.
  • Ergo, the only parts of a single file could not raid.

If you then look at the technologies available for file sharing as well as the Torrent is now first mentioned, and any Torrent file contains just information about file sharing for a work. A file, application, a music album and so on.

So, my chain of thought is as follows;

  • No conviction without search warrant
  • No search warrant but multiple files distributed
  • Torrent is just a piece at a time
  • If the torrent is used for file sharing, the opportunities to convict someone with evidence sufficient for the offense shall be deemed to be grossly very restrictive. Then you have multiple torrents analyzed to find the IP addresses that are present in many.

Are grateful for comments on this.

Tags: Categories: Censorship , file sharing , privacy , Internet , IPRED , politics Tags: