More on NZ FACT's 'Anti P2P program'

, posted: 28-Aug-2006 10:07

The reincarnation of Techremarks,, has a good follow-up on the coverage around NZ FACT's spying on filesharers. 10layers slams NZ FACT's initiative as "a load bull" and a FUD (Fear, Uncertainty and Doubt) spreading attempt.

Here's how 10layers says NZ FACT's tracking works, if it's in use:

If NZFACT is indeed using new technology to track illegal downloads, the way that they are doing this is to actively participate in peer-to-peer networks, posing as “downloaders” or “uploaders” of illegal content, and then recording the IP addresses of New Zealand “peers”. In other words, they are themselves either providing “illegal content” for download, or downloading “illegal content”. In addition, NZFACT can also search tracker portals, like The Pirate Bay. The result of these techniques provide NZFACT with a list of IP addresses used by New Zealanders downloading/uploading via these peer-to-peer networks. NZFACT must then approach the police and put forward a case for a court order forcing the ISPs in question to provide the customer details associated with the IP addresses. As far as we know, there has not been a single court order issued in regard to downloading of copyrighted material in New Zealand yet.

That's very interesting by itself because it would constitute entrapment if true. Can a private entity and its employees engage in such activities legally?

Either way though, there's no reason to assume that NZ FACT would lie to the Herald which also printed their statement on the issue. The head of the NZ Police e-crimes lab Maarten Kleintjes says he's going to talk to NZ FACT about their activities and I hope he'll ask them some hard questions. However, as 10layers says:

In fact (!), NZFACT would almost certainly be operating illegally if their claims were indeed true.

I think this would be worth following up on.

Other related posts:
Over 1,000,000 torrents of downloadable books, music and movies
Megaupload and the US grand jury
Filesonic disables file sharing; due to MegaUpload?

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