Now if only...
...someone in the UK had the balls to say similiar to the ISP's and Phorm.
A US court has ruled that users have a "reasonable expectation of privacy" in their internet surfing records and that police must obtain warrants from higher than usual courts in order to force ISPs to hand over records. The Supreme Court of the state of New Jersey said that information about a person's use of the internet was …
I'm shocked to be the first to mention this. If the police need a grand jury what will this mean to the RIAA's illegal campaign?
It sounds like the federal judges are not rolling over quite so easily any more. Now if they have to start treating these things like real crimes their mass production persecution model may be in jeopardy.
For now it appears the tide is turning. I am NOT holding my breath for the US "Justice Department" to bring the CRIMINAL anti-trust charges against them that are mandated by the 120 year old law.
"Law is about *rules* NOT justice"
I disagree. If the court had not prevented the admission of the evidence a precedent would have been set that could have subsequently been used to cause injustice to others. Justice can still be served in this case because the appropriate procedures can be followed, but to condone the conviction of the guilty by breaking the rules will eventually cause the innocent to suffer injustice.
No federal judges involved in this one, so the RIAA can continue to freely pursue downloaders.
It's only the municipal police in NJ who have had their hands tied. You don't need a subpoena to lookup a physical address, you shouldn't need one to lookup an IP address. Once it's beyond traffic is beyond your PC, it's just like walking down the street. In this case, the molested company had the trail and followed it back to miscreant, all they needed was the name for the address.
>>It's only the municipal police in NJ who have had their hands tied. You don't need a subpoena to lookup a physical address, you shouldn't need one to lookup an IP address. Once it's beyond traffic is beyond your PC, it's just like walking down the street. In this case, the molested company had the trail and followed it back to miscreant, all they needed was the name for the address.
Yes, but you DO need a subpoena to open someone's mail, or tap their phone. Privacy of communications is something that's been upheld in the US time and time again. Merely an IP address would not have been enough to convict, as there would need to be some evidence that the person using the IP address at the time was in fact the accused. My guess is that they looked at the content of the communications to determine personal culpability. That amounts to a web version of a wiretap, and damn skippy ought to require a warrant.