AfterDawn: News

Consumers privacy at risk with ISPs

In a Dutch court proceeding, a judge informed Internet provider UPC, a division of Liberty Global, that it is to release the name and contact information of a suspected file-swapper on their network.

While this normally would intrude on Dutch privacy laws (as well as similar laws worldwide), the Amsterdam judge stated that this ruling does not violate the laws if it meets two conditions. One being that they can prove, beyond reasonable doubt that the file swapping has taken place and two being that the person registered as the user is the same person actually committing the act.



Internet lawyers say that this is the first time that a court ruling has been granted to release private information about it's consumers. This could, in turn, mark a very serious turning point for people in the file-sharing community. With identities no longer being safe, organizations hell bent on stopping file-sharing could be armed with new ammunition to take down would be offenders.

Source:
Reuters

Written by: Dave Horvath @ 24 Aug 2006 12:31

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• 29 comments

• GrayArea

  It sets a terrible precedent who's consequences could go WAY beyond file sharing.

  24.8.2006 13:18 #1

• ofolion

  I hope the ISP buts up a fight saying its not legal and what are they doing and things...Having contact details and a name doesn't prove anything...even if his IP is traced to his house it can't really prove anything...All they need is evidence of him sharing then they can sent him down...

  24.8.2006 13:35 #2

• OzMick

  Time for everyone around the world to accidentally turn off their wireless router security methinks... Makes it easy to claim that it wasn't you doing the downloading, just make sure your PC is firewalled.

  24.8.2006 15:58 #3

• Victorcc

  *spam edited by Jannejt*

  25.8.2006 00:35 #4

• svtstang

  Good luck proving the claimed file swapper guilty. Like previously said, just having his IP doesnt prove guilt. Dude needs to put on his stupid hat....."whats P2P?" "You can download movies off the internet?" "Whats a secured connection mean" etc etc
  
  BTW, what the hell is up with the spam? Do that where it belongs, the console forums LOL :)

  25.8.2006 01:59 #5

• sammorris

  So people might "suspect you of file sharing" to look up your details so they can do unspeakable things to you? Doesn't sound good to me, I'm glad I'm not Dutch!

  25.8.2006 11:07 #6

• Wild9

  The similarities between what's happening in the EU and Nazi Germany are a little too close for comfort, some might say. What next - political thought crimes?!

  25.8.2006 13:47 #7

• ZippyDSM

  Wild9
  Only if it infrignes on the right of big buissness to make more money! 0_o

  25.8.2006 14:51 #8

• borhan9

  This is not soo good. News like this spreads like wildfire around the world lets hope it just shrivels up and goes away. (wishfull thinking)

  25.8.2006 15:08 #9

• sammorris

  That IS wishful thinking!

  25.8.2006 15:10 #10

• Ballpyhon

  two things come to mind when i read this article. One, I have access to about 4 wireless connections from my apartment plus the one i subscribe to. Second, Why am i subscribing to an ISP when i have multiple free ones to choose from?
  
  how is it that these court officials think they are going to prove beyond a reasonable doubt that a specific person is downloading said material? maybe they are going to hack the unsuspecting persons computer and take a picture of them with the hidden web cam that is in the monitor they bought.
  
  P2P file sharers are like cockroaches, for everyone you kill 3 take its place. they are not going to be able to stop it no matter what initiatives they take. one way or another people will figure out how to get thru the hoops of fire the police, courts, MPAA, RIAA, and all the other crybabies that wont stop whining about piracy put up to try and stop it.

  25.8.2006 16:41 #11

• garmoon

  This just posted by Ireland in his bitch thread!
  
  
  Freenet: Anonymous P2P by Year's End
  By Ed Oswald, BetaNews
  August 4, 2005, 12:33 PM
  
  A group of developers on Wednesday said a new software tool that will allow for the swapping of files over the Internet would be available before the end of the year.
  
  The Freenet Project is creating what is called a "darknet," where the computer user will remain anonymous while transferring files. The system is also set up much like the Internet, meaning it is decentralized and practically impossible to shut down.
  
  The group released its latest test version of the software on Wednesday morning, but urged only experienced testers to try it out, as it is neither "user-friendly nor secure at this point."
  
  The project flies in the face of a recent decision by the United State Supreme Court, which made peer-to-peer (P2P) file services responsible for the actions of their users if they encourage illegal behavior. However, with the darknet client, there is no way to find the true identity of the downloader.
  
  Ian Clarke, who heads the Freenet project, said that the group does not intend to encourage copyright infringement with the new software. But Clarke added that having both freedom in communication and following copyrights is not possible, as "the two are mutually exclusive."
  
  The development of Freenet's darknet calls into question if P2P file sharing can ever truly be stopped. The project's Web site says, "Freenet's aim is to allow two or more people who wish to share information, to do so," and in an anonymous manner.
  
  Success in battle against P2P has only been possible with the help of Internet service providers handing over the identities of their users. With Freenet, that would be impossible, thus throwing a wrench in the current methods of curbing illicit downloading.
  http://www.betanews.com/article/Freenet_Anonymous_P2P_by_Years_En...
  
  

  25.8.2006 18:15 #12

• malekite

  Hmm its amazing what you can get done with enough $. Well if they find a way to prove he did it then Im going to go get check for rectum monkeys.

  25.8.2006 20:59 #13

• sammorris

  LOL!! That sounds like a plan...
  As for P2P users being like cockroaches, that really doesn't make them feel very good does it? Very ungratifying, it's like something you'd hear from Dan Glickman, except he wouldn't admit you can't get rid of P2P, because it's not human nature for people not to be able to exploit people and get away with it, whilst crushing the skulls of those who oppress the system. Hmmm, now what does that remind me of? All Music and film consumers are equal, but some are more equal than others...

  26.8.2006 01:43 #14

• alansri

  How can they prove that the person registered is committing the act before they have the details from the ISP?I think the judge has been eating those special cakes!!!!

  26.8.2006 01:52 #15

• dipads

  A message to all file-sharers.....Can anyone come up with an ISP blocker software?

  26.8.2006 11:18 #16

• Ballpyhon

  @ sammorris
  you took my comment about P2P users being like cockroaches out of context. It was a metaphor.
  
  As for the file sharing issue goes, I have said before now that since "sharing" data is more readily accessible via the Internet, it has become a monster. back in the 80's and early 90's when making mix tapes, or copying whole albums for a friend was not considered criminal, at least not like it is defined today. also taking games to a friends house so they can have it installed on their PC as well was never an issue, only because copy protection had not been heard of at that point (at least not to my knowledge). it all boils down to corporations wanting their billions, instead of making millions.
  
  Another example of this is the emulators for Nintendo, SNES, Sega, Playstation 1, PS2, Atari, and any others i forgot. where are the objectors to those being used? there are none, because the companies that created those consoles and games don't care about them anymore. They have made their $$ off them, and stopped producing them. Are they not copyrighted? as usual, i could go on, but I wont burn the fire out (another metaphor Sammoris).

  26.8.2006 12:31 #17

• borhan9

  @dipads
  
  There are two programs that i know of one is I.P Address Sheild and the other is Peer Guardian. Give these two ago and see what u like.
  
  I use Peer Guardian, works fine. If you use the other one let me know how it is.

  26.8.2006 13:58 #18

• sammorris

  Lol my comment abt the cockroaches was me being facetious again, sorry!

  26.8.2006 14:35 #19

• Ballpyhon

  No problem. it just gives me good reason to be sarcastic.

  26.8.2006 16:44 #20

• sammorris

  So does anything about file-sharing court rulings.

  27.8.2006 00:33 #21

• ZippyDSM

  sammorris
  I brought the bug spray.....mmm....wait....am I being confused again?

  27.8.2006 02:13 #22

• Ballpyhon

  Quote:sammorris (AfterDawn Addict) 27 August 2006 4:33 _
  So does anything about file-sharing court rulings.that statement makes no sense what so ever. please elaborate.

  27.8.2006 13:49 #23

• ZippyDSM

  Ballpyhon
  Hes being facetious again the sly rat :3

  27.8.2006 14:40 #24

• sammorris

  Anything about these court rulings gives me good reason to be sarcastic, what was hard to understand about that?

  27.8.2006 14:47 #25

• Wild9

  Every single day, we have fewer rights..chip a bit here, a bit there..pretty soon those rights our forefathers fought to set in stone will not be worth fighting for.

  27.8.2006 15:14 #26

• ZippyDSM

  Wild9
  Not to sound dim but dose the US care what the dutch do? mabye if it were the british but then all these little cases add up to coperations showing "world presdent" thus thrumping whatever rights we have 0-o

  27.8.2006 15:24 #27

• sammorris

  Hey, the british have our own problems, with FACT sniffer dogs causing luggage searches for pirate DVDs at Stansted airport!

  27.8.2006 15:40 #28

• Ballpyhon

  I still say we should get one guy to by all the media, ie video games, DVDs, CDs, and whatever else, in the world then have him upload it to the net. at that point we can all download it, and spread it around the world. this way the corporate giants wont be able to sick their money hungry lawyers on us because they will only be grossing about $1000 a year. problem solved!!! so, who's going to volunteer?
  
  @ ZippyDSM
  
  actually i was being serious about that previous comment not making sense, but i read all the preceding posts, and finally got what it meant. this post however is facetious. :)

  27.8.2006 20:58 #29