Linked by Thom Holwerda on Tue 3rd May 2011 22:11 UTC
Legal "A possible landmark ruling in one of the mass-BitTorrent lawsuits in the U.S. may spell the end of the 'pay-up-or-else-schemes' that have targeted over 100,000 Internet users in the last year. District Court Judge Harold Baker has denied a copyright holder the right to subpoena the ISPs of alleged copyright infringers, because an IP-address does not equal a person."
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Yes, and of course this moves the onus from proof of guilt to proof of innocence, which is TOTALLY contrary to how our legal systems are supposed to work. The problem for authorities is that the very means they use to implicate someone in a cybercrime - to gather all of this very circumstantial evidence - can be used to defend the individual from that crime, because at the end of the day there is no actual PROOF unless there is an eyewitness, that is was any specific individual. Keyloggers, screen recorders, packet recorders - all prove nothing about an individual unless there is something that can specifically tie that individual to the recorded actions.

Heck, according to some major news sources this is the very reason the US killed Bin Laden in cold blood - because it was going to be too complicated to prove his guilt at a trial. So it would seem a single bullet solved that problem for them.

That being said, it's also the case that on a daily basis court decisions are handed down based on so-called evidence that is at very best dubious, and incredibly circumstantial, so to a big degree the whole legal system is a joke anyway.

Reply Parent Score: 7

Vietman Member since:

Which of the nine times that Osama bin Laden has been reported to have died is the correct one?

Use your favorite search engine to search for "Osama Bin Laden Pronounced Dead…For the Ninth Time"

Reply Parent Score: -1