X-No-Archive: Yes
On Oct 3, 9:18 am, OneSolution <onesolut...@sbcglobal.net> wrote:
> On Wed, 3 Oct 2007 11:52:58 -0400, Leythos wrote:
> > No, the fact that YOUR IP did it is enough to get a search warrant -
> > from there, since you don't know it's coming they get the computer and
> > records....
>
> "On cross examination, Thomas' attorney, Toder, suggested that perhaps
> Thomas owned a wireless router, which a third party might have hijacked
> from 'right outside her window.'"
> (http://blog.wired.com/27bstroke6/200...ips-defen.html
They do not HAVE to be right outside your Window. You can make an
antenna out of a Pringles can, or Nalley's Big Chunk Beef Stew can,
and be able to hit wireless routers from quite a distance away. You
can even BUY ready-to-use "cantennas" in some of the computer store,
and in most countries, its LEGAL to use one, including the United
States. Such antennas can be bought and used LEGALLY in America.
I know this, becuase on the two biggest figure skating bulletin
boards, where people do "live blogging" from figure skating events,
many of them DO use such antennas and hijack peoples' unsecured
wireless access points, to post their reports onto Figure Skating
Universe and/or GoldenSkate. And what these live-bloggers are doing to
post to Figure Skating Universe is LEGAL in EVERY country except
Canada and England. So if you go got Figure Skating Universe, or
GoldenSkate, you will find at least ONE live blogger, somewhere in the
arena sending reports back to either site, and usually hijacking
someone's nearby unsecured wireless access point. And what these
bloggers are doing is LEGAL in every country except England and
Canada, as long as they don't break any password, encryption, or other
security system to do it.
So, in short, if she has or had an unsecured wireless access point,
then it is considered PUBLIC under the computer crime laws of America,
and if someone DID hijack her wireless router, said person or persons
are NOT SUBJECT to prosecution, under Federal law, and the laws of 45
states (there are 49 states in the Union) as long as they did not
break through and password, encryption, or any other security system
to gain access to her wirelsss router.
>
> So ... part of the defense is that someone might have done it, but, not
> her. ""Did you people actually observe defendant infringing?" defense
> attorney Toder asked Jennifer Pariser, Sony BMG's anti-piracy chief, who
> took the stand for about 90 minutes."
>
> Also, in the Jammie Thomas case, she replaced her hard drive when they
> asked for the computer as evidence. So, there is nothing on her hard drive
> for the search warrant to see.
>
> Even simpler than replacing her hard drive, she could have simply wiped her
> file sharing folder clean with PGPwipe freeware when they asked for the
> computer. Even simpler would have been to mount her file sharing disk
> partition with Truecrypt freeware or Sandboxie freeware so even if a raid
I use encryption when going to Australian Customs, becuase one pieve
of software that I use on my station, for making station IDs, and
arching my talk show could be considred a "tool" for breaking copy
protection under far more stricter DMCA-like laws in Australia. Alive
WMAMP3Recorder could, sooner or later, be declared illegal the new
Australian laws, becuase it can also be used to cirumvent DRM, which
has recently become illegal in Australia. To prevent problems with
Australian authorities, whenever I return to Australia from abroad, I
keep that softwware encrypted and locked, so Australian Customs will
not be able to open it or read it. As the saying goes "they cannot
prosecute what they cannot read".
> occurred unbeknownst to her, all the files would be safe from everyone
> anyway.
Evidence Eliminator is the BEST of the bunch. That is what *I* use,
when travelling, before taking any of my radio station's computer
equipment through Customs, especially in Canada, England, Australia,
or the United States, where it has become quite common for Customs
agents in those countries to do on-the-spot foensic examination of
hard drives. You NEVER KNOW what might be on your computer that could
get you arrested in those countries, so I first bomb the equipment
with Norton Ghost, and then have Evidence Eliminator scrub all the
empty space. Despite some of their cheesy advertising, the software
does everything the advertisting says it will do.