MPAA & TorrentSpy Battle Sets Dangerous Legal Precendent

News.com has an update on the legal battle between the MPAA and TorrentSpy, Legal woes mount for TorrentSpy. The judge allowed the inclusion of internal TorrentSpy e-mails, obtained by dubious methods, setting a dangerous legal precedent.

Last week, U.S. District Judge Florence-Marie Cooper threw out the lawsuit TorrentSpy brought against the Motion Picture Association of America last year for allegedly purchasing copies of private e-mails belonging to TorrentSpy executives. Robert Anderson, a former business associate of one of TorrentSpy's founders, acknowledged "hacking" into the company's e-mail systems and rigging it so he would receive a copy of all outgoing and incoming e-mail correspondence. He later sold the information to the MPAA for $15,000.

Yet, the theft of the e-mails did not violate the federal Wiretap Act, according to Cooper. Kevin Bankston, an EFF staff attorney, said Cooper misread the law.

"Essentially, one can do ongoing surveillance of another party's e-mails without their consent and not violate the law," Bankston said. "Not only does this open the door to privacy abuses in civil cases but it also could lead to abuses by the government...It's an incredibly dangerous decision."

Thanks to Robbie for sending this in.

Comments

[Old Timer Too]

Welcome to the era of McCarthyism and fifty years ago when there was a "red" under every rock.

While communism represented a very real and present danger, this particular administration has gone too far in allowing private industry the same rights usually reserved for governments (right or wrong, very few governments - East, West, or in between - do not spy on their own citizens).

But, we may very well be entering an era only addressed briefly in science fiction circles and that is one wherein industry becomes the intrusive "big brother."

The only way to fight this is at the polls. If you don't vote for someone to stop this nonsense (and that means getting to the candidates and finding out what they are for), then you are inviting this beast into all of our lives.

[Tester]

You are so right, Old Timer Too. The ass currently in the White House who is supposed to be running the country (not running it into the ground) don't give a tinkers-damn about any of us.

[JR Lost]

Although I despise DRM, big media, and wire taps, I take offence at the comment "communism represented a very real and present danger". It shows pure ignorence. Communism was never a threat to anyone except christians. Infact; communiest and socialist countries have the most liberal of copyright regulations. Rather, their regulations tend to do FAR more to protect the consumer, including protecting groups such as TorrentSpy.