[x-pubpol] Fwd: [Afro-IP] RSA: How they caught the copyright pirate

[Joly MacFie]

---------- Forwarded message ----------
From: Jeremy Speres <jnsperes at gmail.com>
Date: Sat, Jun 14, 2014 at 10:41 AM
Subject: [Afro-IP] RSA: How they caught the copyright pirate
To: afro-ip at googlegroups.com




<http://4.bp.blogspot.com/-xR7QhZMc-1k/U5xds6fe2RI/AAAAAAAAAQk/20xt--nj8VE/s1600/images.jpg>
 Mybroadband <http://mybroadband.co.za/> ran a short but fascinating piece
<http://mybroadband.co.za/news/internet/103875-how-sas-first-online-pirate-was-caught.html>
earlier this week considering how the first person convicted for
peer-to-peer copyright piracy in SA was caught.  For those interested in
the technical side of the investigation, the piece is well worth a read.
For background on the case and the basis for the conviction, see Dr.
Caroline Ncube’s informative post on this blog here
<http://afro-ip.blogspot.com/2014/04/rsa-criminal-conviction-for-sharing.html>
.

 What I found particularly interesting is how the police couldn't simply
rely on linking the IP address used to upload the film to the suspect.  The
IP address of the uploader of the film was easy to obtain given that the
peer-to-peer network in question makes the IP addresses of uploaders
publically available.  The IP address was then linked to this particular
suspect by serving a subpoena on the internet service provider responsible
for that IP address in terms of section 205
<http://www.acts.co.za/criminal-procedure-act-1977/205_judge_regional_court_magistrate_or_magistrate_may_take_evidence_as_to_alleged_offence.php>
of the Criminal Procedure Act.  However, the police still had to prove that
the suspect was the person who used the computer associated with that IP
address at the time the film in question was uploaded (i.e. at the time the
offence was committed).  This was apparently achieved, at least in part, by
obtaining affidavits from residents confirming that the suspect indeed used
the computer during the relevant period.

 To those SA lawyers who paid attention in Crim Proc class (I can’t imagine
there are too many of you who read this blog), you’ll recall that section
205 empowers a judicial officer to require any person who is likely to have
information relevant to the commission of an offence to appear before
him/her.  It has also been the subject of much controversy
<http://www.sanef.org.za/news/entry/sanef_calls_for_police_and_prosecuting_authorities_to_withdraw_section_205_/>
given its use to compel journalists to reveal their sources.

 Moral of the story – if you’re a pirate, don’t trust your neighbours!


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Posted By Jeremy Speres to Afro-IP
<http://afro-ip.blogspot.com/2014/06/rsa-how-they-caught-copyright-pirate.html>
on 6/14/2014 04:41:00 pm

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