More on RIAA and invading your computer - is it entrapment?

[SunnyD]

If the RIAA goes about downloading files off your computer without your knowledge - and moreover - without a warrant, then whatever they use to provide "evidence" with could be construed as entrapment couldn't it?

Mind you, I neither condone or condemn trading of illegal items, but shouldn't the RIAA and others require a SEARCH AND SEIZURE warrant specifically for you prior to even connecting to your computer for this purpose?

 

[NakaNaka]

I was thinking about this the other day how the RIAA can look in your computer without a warrant. I mean, if you pirated videos, they couldn't come into your house to look for them without a warrant. This is why I think if this goes to the Supreme Court, the RIAA will lose.

Oh and repost

 

[digitalsm]

Originally posted by: SunnyD
If the RIAA goes about downloading files off your computer without your knowledge - and moreover - without a warrant, then whatever they use to provide "evidence" with could be construed as entrapment couldn't it?

Mind you, I neither condone or condemn trading of illegal items, but shouldn't the RIAA and others require a SEARCH AND SEIZURE warrant specifically for you prior to even connecting to your computer for this purpose?

This is why they are being investigated by the senate.

 

[Mday]

if they send you the file yes. if you request it, no.

 

[MegaloManiaK]

Well 70% of the controversy over the RIAA is that they are being granted liberties in their hunt that go against the constitution. Case in point legaly demanding information about possible file sharers from ISP's without the court involvement.

 

[ViRGE]

I hate to say it, but the RIAA is doing everything legaly so far. Their getting on your computer is(or will be found) legal if you're sharing files(since anyone can get at them), and it's perfectly legal for them to put fake files out there nab you when you try to download them. Both of them have you taking the peroggitive, which is proof you're commiting an IP violation.

 

[her209]

But what is stopping you from taking some files and renaming it to names of songs with mp3 extensions?

 

[MegaloManiaK]

Originally posted by: ViRGE
I hate to say it, but the RIAA is doing everything legaly so far. Their getting on your computer is(or will be found) legal if you're sharing files(since anyone can get at them), and it's perfectly legal for them to put fake files out there nab you when you try to download them. Both of them have you taking the peroggitive, which is proof you're commiting an IP violation.

I was under the impression that only a court could issue a subpena on a person/group's behalf. So its perfectly legal for a company to demand information that doesn't belong to them without court approval?

 

[Lifer]

More on RIAA and invading your computer - is it entrapment?

i don't see how entrapment comes into play.

 

[SyahM]

arggh... RIAA sucks.

 

[Tab]

Originally posted by: SyahM
arggh... RIAA sucks.

Because they want to put you in jail for stealing?

 

[her209]

Originally posted by: Lifer

More on RIAA and invading your computer - is it entrapment?

i don't see how entrapment comes into play.

I'm just speaking out of my ass.

RIAA shares the file.
You download the file.
RIAA scans your computer for the file.
BOOM.

 

[tm37]

Originally posted by: SunnyD
If the RIAA goes about downloading files off your computer without your knowledge - and moreover - without a warrant, then whatever they use to provide "evidence" with could be construed as entrapment couldn't it?

Mind you, I neither condone or condemn trading of illegal items, but shouldn't the RIAA and others require a SEARCH AND SEIZURE warrant specifically for you prior to even connecting to your computer for this purpose?

If you are selling crack on the street should the cops need a warrent to arrest you.

The RIAA is looking at files that are being shared IE open to the public.

The county does not need a search warrent to determain that you need to mow your front lawn.

Also if you are going pot in your flower garden in the front of your house no warrent is needed.

This issue has been dealt with with people who were selling illegal software at swap meets, the courts have alsways held that you do not need a warrent to get something that that is out in public.

 

[NogginBoink]

No.

Entrapment is when a law enforcement officer persuades an individual to commit a crime that they would not otherwise commit.

RIAA is neither law enforcement nor persuading you to do something.

Now, your argument about gathering evidence might hold water except that by sharing files you've invited anyone to copy them from your computer, so I don't see how you could claim that the evidence was obtained illegally.

 

[SunnyD]

Originally posted by: tm37

Originally posted by: SunnyD
If the RIAA goes about downloading files off your computer without your knowledge - and moreover - without a warrant, then whatever they use to provide "evidence" with could be construed as entrapment couldn't it?

Mind you, I neither condone or condemn trading of illegal items, but shouldn't the RIAA and others require a SEARCH AND SEIZURE warrant specifically for you prior to even connecting to your computer for this purpose?

If you are selling crack on the street should the cops need a warrent to arrest you.

The RIAA is looking at files that are being shared IE open to the public.

The county does not need a search warrent to determain that you need to mow your front lawn.

Also if you are going pot in your flower garden in the front of your house no warrent is needed.

This issue has been dealt with with people who were selling illegal software at swap meets, the courts have alsways held that you do not need a warrent to get something that that is out in public.

Ahh, but such a gray area. Do I consider my computer to be a public entity? Even when connected to the Internet? No. I consider it akin to my home - what goes on within my 4 walls is my own business; private business. As such, a warrant is required to enter the premesis in order to conduct search and seizure. Now this is subject to some debate, but I do make reasonable effort to maintain this goal - I run a firewall to prevent unauthorized access. Essentially putting the aforementioned walls in place, and even including a door to which I control access to. If I explicitly forbid the RIAA from attempting to access my computer, subsequent attempts at access are illegal, are they not?

I know I've gone beyond the scope of entrapment here. What I meant by that was - with the RIAA seeding the P2P networks with their own files, are they not only contributing to what they define as illegal activity? And as such, are they not entrapping people in the process?

I know it's hard to swallow, but some people do indeed use P2P networks for legitimate purposes. Example - eMule is primarily distributed via it's own network.

Just some food to chew on.

 

[ViRGE]

Originally posted by: MegaloManiaK

Originally posted by: ViRGE
I hate to say it, but the RIAA is doing everything legaly so far. Their getting on your computer is(or will be found) legal if you're sharing files(since anyone can get at them), and it's perfectly legal for them to put fake files out there nab you when you try to download them. Both of them have you taking the peroggitive, which is proof you're commiting an IP violation.

I was under the impression that only a court could issue a subpena on a person/group's behalf. So its perfectly legal for a company to demand information that doesn't belong to them without court approval?

That's where the DMCA comes in. It enables a copyright holder to request information for a copyright case without a subpena, in order to allow the holder to go after the infringer without having to deal with the legal system first.

SunnyD, I hate to say it, but they're not entraping people, since you still have to download the file yourself(best example would be fake prostitutes to nab johns)