by Nomad
A Washington judge's ruling in a copyright infringement case may have profound implications on the ability to prosecute cybercrime and to issue surveillance warrants by the NSA.
According to Judge Robert Lasnik, a United States federal judge, on the U.S. District Court for the Western District of Washington, evidence made up purely of IP addresses does not meet the legal requirements of pleading standards for pursuing the case against online pirates. He has ruled that IP address alone do not provide a sufficient means of identification.
The fact of the matter and the law is that it is almost impossible to associate piracy based on the IP address and the IP address alone. The actual culprit might have been a family member, guest, or even a hacker. At the very least, the subscriber with that IP address can be scolded for not safeguarding his or her home computer.
In other words, the evidence may
show that a particular IP was used but that doesn't mean that the accused in
the courtroom is the one who used that IP address.
That's really not news. The
big law firms who have made a fortune bounty hunting for large media giants,
have been successful using this prosecutorial method for years.
Courts have
been not questioned it. But they are starting to wake up, it seems.