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US Court of Appeals: An IP address isn't enough to identify a pirate
#1

US Court of Appeals: An IP address isn't enough to identify a pirate

A good ruling for online privacy today from the 9th Circuit of all places. This story had an ultimately (for the defendant) happy ending but is a lesson in the value of obscuring one's identity online with a VPN at a minimum.

Link to legal document: http://cdn.ca9.uscourts.gov/datastore/op...-35041.pdf

Quote:9th Circuit Wrote:

In this copyright action, we consider whether a bare allegation that a defendant is the registered subscriber of an Internet Protocol (‘IP’) address associated with infringing activity is sufficient to state a claim for direct or contributory infringement. We conclude that it is not.

The direct infringement claim fails because Gonzales’s status as the registered subscriber of an infringing IP address, standing alone, does not create a reasonable inference that he is also the infringer. Because multiple devices and individuals may be able to connect via an IP address, simply identifying the IP subscriber solves only part of the puzzle. A plaintiff must allege something more to create a reasonable inference that a subscriber is also an infringer.

Commentary from Tech Spot: https://www.techspot.com/news/76190-us-c...ntify.html

Quote:Tech Spot Wrote:

Why it matters: Judge rules that copyright trolls need more than just an IP address if they want to go after copyright infringement. An IP is not enough proof to tie a person to a crime.

In a win for privacy advocates and pirates, the Ninth Circuit Court of Appeals ruled that an IP address alone is not enough to go after someone for alleged copyright infringement. They ruled that being the registered subscriber of an infringing IP address does not create a reasonable inference that the subscriber is also the infringer.

The case began back to 2016 and has been playing out in the legal system ever since. The creators of the film 'The Cobbler' alleged that Thomas Gonzales had illegally downloaded their movie and sued him for it.

Gonzales was a Comcast subscriber and had set up his network with an open Wi-Fi access point. At some point, someone had used his network to download the movie and the film creators captured Gonzales's IP address.

The judge stated that in order for a proper case, the copyright owners would need more than just an IP address. This is often difficult to provide since it is challenging to prove who was connected to what and when. This case is made even more challenging since Gonzales's network was open and anyone could have downloaded the movie.

In addition to direct infringement, the copyright owner also attempted an indirect infringement claim. They alleged that Gonzales had encouraged users of his network to download the movie but this failed as well since they were unable to provide any proof. Finally, the judge ordered Cobbler Nevada LLC, the copyright holder, to pay more than $17,000 in legal fees for Gonzales.

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#2

US Court of Appeals: An IP address isn't enough to identify a pirate

The Cobbler.

9% on Rotten Tomatoes.

Budget: $10 million
Box Office: $1.2 million.

They should be paying /him/ to watch their movie.
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#3

US Court of Appeals: An IP address isn't enough to identify a pirate

It could be anyone using that connection. Prove who it was or F# off.
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#4

US Court of Appeals: An IP address isn't enough to identify a pirate

Not sure how well that defence would hold if the cops show up at your door asking why your IP address is being used to download bomb making instructions, child porn or drug dealing instructions.
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#5

US Court of Appeals: An IP address isn't enough to identify a pirate

Quote: (08-30-2018 04:45 AM)Sgt Donger Wrote:  

Not sure how well that defence would hold if the cops show up at your door asking why your IP address is being used to download bomb making instructions, child porn or drug dealing instructions.

In cases like that they would seize all electronic communication devices to search for the material you viewed and other related material.
It's very very easy for them to see/prove if you've been to the websites in question.
(Most websites record a ton of the individual device information including the serial numbers of your cpu, motherboard and hard drive)

Most if not any internet security informed person will build entirely new rigs if they suspect they've been breached.

Getting your property back once they drop the investigation of you is another matter entirely.
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#6

US Court of Appeals: An IP address isn't enough to identify a pirate

Quote: (08-30-2018 05:31 AM)kinjutsu Wrote:  

Quote: (08-30-2018 04:45 AM)Sgt Donger Wrote:  

Not sure how well that defence would hold if the cops show up at your door asking why your IP address is being used to download bomb making instructions, child porn or drug dealing instructions.

In cases like that they would seize all electronic communication devices to search for the material you viewed and other related material.
It's very very easy for them to see/prove if you've been to the websites in question.
(Most websites record a ton of the individual device information including the serial numbers of your cpu, motherboard and hard drive)

Most if not any internet security informed person will build entirely new rigs if they suspect they've been breached.

Getting your property back once they drop the investigation of you is another matter entirely.

It's also easy for intelligence/security forces to prove beyond a reasonable doubt in a court of law that you've been to websites you've never even knew existed. In fact, I suspect planting CP to be one of the next frontiers in DS evil.
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#7

US Court of Appeals: An IP address isn't enough to identify a pirate

It pretty hard to "plant" any files onto a computer.
The most basic firewalls will catch any uploads onto your system. and alert you.

I read a story about a wife putting some cp on her husbands computer when he was deployed. When the police did their investigation they discovered that the husband was on the other side of the world when it was supposed to have taken place. The looked into the wife as she was the only person to have access. Eventually she confessed to the whole thing.

Ideally you have password protected EVERY computer you own. Full size tower all the way down to that ipod touch you bought used 7 years ago.
In fact it's a very very good idea to throw away all the old electronics you no longer use. Smash them with a hammer and throw them in a dumpster being a busy shopping mall NOT in the garbage behind your house.
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#8

US Court of Appeals: An IP address isn't enough to identify a pirate

Quote: (08-31-2018 02:01 AM)kinjutsu Wrote:  

It pretty hard to "plant" any files onto a computer.
The most basic firewalls will catch any uploads onto your system. and alert you.

I read a story about a wife putting some cp on her husbands computer when he was deployed. When the police did their investigation they discovered that the husband was on the other side of the world when it was supposed to have taken place. The looked into the wife as she was the only person to have access. Eventually she confessed to the whole thing.

Ideally you have password protected EVERY computer you own. Full size tower all the way down to that ipod touch you bought used 7 years ago.
In fact it's a very very good idea to throw away all the old electronics you no longer use. Smash them with a hammer and throw them in a dumpster being a busy shopping mall NOT in the garbage behind your house.

With recent revelations about corruption in our FBI/DOJ, I would be more worried about them installing things while they had the computer in evidence and using some CIA hacking tool to make it look backdated. Or hell, even just saying "yep there cp on there".

Your second point is spot on. You should encrypt everything you have. You should also shut down the computer when not in use since if you just put it to sleep/hibernate the HD can be started in some type of emergency mode that makes it easier to bypass the encryption.

My destruction protocol is to reformat multiple times, torch the internals, smash with sledge, obscure s/n, then immerse in salt water permanently.
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