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View Full Version : Could the TorrentSpy vs MPAA Case 'Redefine Online Privacy?'


Jorge
August 7th, 2008, 03:00 PM
MPAA argues that e-mails it obtained for its case were technically not "intercepted" in violation of federal wiretapping law since the hacked server from which they were sent stored them for several milliseconds before transmission.
Though TorrentSpy, once one of the more popular BitTorrent tracker sites around, is long gone, the case still reverberates throughout the online community for it may have disastrous implications for online privacy as we know it.
If you recall, back in 2005 a hacker broke into TorrentSpy's server and configured it to copy and forward all incoming and outgoing email to his personal account which he later sold to the MPAA for $15,000 USD for use in building its copyright infringement case against the site.
When the e-mails were presented in court Judge Florence-Marie Cooper ruled that they had not been intercepted in violation of the 1968 Wiretap Act because because the e-mails were stored on the mail server for several milliseconds during transmission, they were not technically "intercepted."
"Anderson did not stop or seize any of the messages that were forwarded to him," wrote Judge Cooper in her decision.
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