[privacy] TorrentSpy Ordered By Federal Judge to Become MPAA Spy

["Richard M. Smith" <rms () computerbytesman com>]

http://torrentfreak.com/torrentspy-ordered-to-spy-on-its-users-on-behalf-of-
the-mpaa/

TorrentSpy Ordered By Federal Judge to Become MPAA Spy
Written by enigmax on June 09, 2007 

TorrentSpy, one of the world's largest torrent dump sites, has been ordered
by a federal judge to monitor its users in order to create detailed logs of
their activities which must then be handed over to the MPAA.

On May 29, TorrentSpy - one of the web's most famous .torrent dump sites was
told by federal judge Jacqueline Chooljian in the Central District of
California that despite the site's privacy policy which states they will
never monitor their visitors without consent, they must start creating logs
detailing their user's activities. 

Understandably, this is a worrying move by the court - even more so when one
considers these logs must then be turned over to the MPAA. This is believed
to be the first time a judge has ordered a defendant to log visitor activity
and then hand over the information to the plaintiff. The decision - arrived
at last month but under seal - could force sites that are defendants in a
law suit to track the actions of their visitors.

The owners have been granted a stay of the order in order to make an appeal,
which must be filed by June 12, says Ira Rothken, TorrentSpy's attorney.

"It is likely that TorrentSpy would turn off access to the U.S. before
tracking its users," said Rothken. "If this order were allowed to stand, it
would mean that Web sites can be required by discovery judges to track what
their users do even if their privacy policy says otherwise."

This action follows MPAA action in 2006 against several BitTorrent sites,
TorrentSpy included. According to the MPAA, Torrentspy helps others commit
copyright infringement by directing people to sites which enable them to
download copyright material, an offense claims the MPAA, of secondary
copyright infringement.

At the time, Rothken said "It [TorrentSpy] cannot be held 'tertiary' liable
for visitors' conduct that occurs away from its web search engine".
TorrentSpy claims it did nothing illegal and suggested the MPAA should sue
Google.

An attorney with the Electronic Frontier Foundation referred to the order to
demand a defendant log visitor activity and then hand over the information
to the plaintiff as "unprecedented." He continued "In general, a defendant
is not required to create new records to hand over in discovery. We
shouldn't let Web site logging policies be set by litigation"

One way or another, it seems that the MPAA is determined to obtain
information about TorrentSpy and its users. A complaint issued by TorrentSpy
suggests the MPAA paid a hacker $15,000 to steal e-mail correspondence and
trade secrets. The hacker admitted that this was true.

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