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  #1 (permalink)  
Old April 7th, 2008
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Quote:
Originally Posted by AaronWalkhouse View Post
Since a tip is just
hearsay, they cannot go directly to a warrant and the chaotic nature of gnutella
means they might not be able to find it even if your tip is detailed and accurate.
Sorry that I saw this only now: The police can and will come straight to your door.

Why should they try to download from you, when they can just retrace your IP address to you and grab your computer?

Your computer holds far better evidence of your downloads than any of their searches could show.

The only reasons why they shouldn't do this, are because the police people involved might think you a small fish just like their own children, downloading some music off the net and still buying CDs of their favourite artists.

And because they don't have unlimited resources, and have far better ways to spend their time than trying to catch music pirates. For example catching murderers, drug dealers and similar.
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  #2 (permalink)  
Old April 13th, 2008
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Quote:
Originally Posted by arne_bab View Post
Sorry that I saw this only now: The police can and will come straight to your door.

Why should they try to download from you, when they can just retrace your IP address to you and grab your computer?

Your computer holds far better evidence of your downloads than any of their searches could show.

The only reasons why they shouldn't do this, are because the police people involved might think you a small fish just like their own children, downloading some music off the net and still buying CDs of their favourite artists.

And because they don't have unlimited resources, and have far better ways to spend their time than trying to catch music pirates. For example catching murderers, drug dealers and similar.
The problem with hearsay evidence is that the police have
to follow up and get documented evidence to corroborate
before applying for a warrant. It's a step they cannot skip
because executing a search solely on the word of a third
party is a crime in itself.

If they tried to get a warrant without it, they'd be laughed
out of the building.

Tips are good, but you cannot consider them an order to go
through doors and seize evidence. If that was so, anybody
could get police to storm any home with a single phone call.
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  #3 (permalink)  
Old April 14th, 2008
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Quote:
Originally Posted by AaronWalkhouse View Post
Tips are good, but you cannot consider them an order to go
through doors and seize evidence. If that was so, anybody
could get police to storm any home with a single phone call.
... with a lawyer message containing a screenshot and an eye-wittness.

Using only a screenshot just got rejected by a court in germany, because the eye-wittness had disappeared. Before that, using just screenshots was common practice.
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  #4 (permalink)  
Old April 18th, 2008
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Cool Question about backing up data before a Nuke

Hi guys and gals, I want to use the D-ban program to nuke part of my hard drive. I have a few questions. My situation is this. In the past I have 'possibly' illegally d/l copious amounts of music, movies, porn ect... from lime-wire and other programs. Since then I have deleted it from the shared folders and pasted onto the other partition on my hard-drive for library keeping and then deleted the shared folders. My thinking is this. They can't prove I didn't acquire those files by legal means and since they are all just mp3s and avi's or whatever they should be safe if they are just there or am i wrong?

First: I have all this data on one partition that is just music and movies ect... I don't want to reinstall these if possible cause its like 90 gigs so using this program can I choose to nuke just the partition that windows and programs are on (i.e. limewire and my shared folders ect... and history)? And if so how complete a nuke would this be? Would the other partition which is just media files and never had a program or anything else on it still be vulnerable to incriminating forensic analysis? I guess what I'm saying is does a partition effectively make two separate entities, in which I can clean one and be at ease? Because if alot of what I d/l was maybe pirated media and erasing all the d/l info programs and history ect... from the one partition would erase evidence no?

Also, If I backed up my partition with windows and programs on a blank hard-drive, nuked the partition, and then restored it with the copy on the back-up hard-drive would that just replace the information and stuff I was trying to remove. If so is there a way to selectively back up and nuke so that I don't have to reinstall 50 things in my program file and even windows itself, but still rest at ease knowing that the computers history is fresh at least in the eyes of any potential law in-queries?
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Old April 19th, 2008
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Quote:
Originally Posted by sageecl View Post
Hi guys and gals, I want to use the D-ban program to nuke part of my hard drive. I have a few questions. My situation is this. In the past I have 'possibly' illegally d/l copious amounts of music, movies, porn ect... from lime-wire and other programs. Since then I have deleted it from the shared folders and pasted onto the other partition on my hard-drive for library keeping and then deleted the shared folders. My thinking is this. They can't prove I didn't acquire those files by legal means and since they are all just mp3s and avi's or whatever they should be safe if they are just there or am i wrong?
Just having them is not illegal anyway, no matter how you got them.

Quote:
First: I have all this data on one partition that is just music and movies ect... I don't want to reinstall these if possible cause its like 90 gigs so using this program can I choose to nuke just the partition that windows and programs are on (i.e. limewire and my shared folders ect... and history)? And if so how complete a nuke would this be? Would the other partition which is just media files and never had a program or anything else on it still be vulnerable to incriminating forensic analysis? I guess what I'm saying is does a partition effectively make two separate entities, in which I can clean one and be at ease? Because if alot of what I d/l was maybe pirated media and erasing all the d/l info programs and history ect... from the one partition would erase evidence no?
Downloading is not going to get you in trouble anyway.
What you have to control or prevent is the uploading of files
from you. If you're not doing that, you have nothing to
worry about because not even the record companies would
sue you if you're not uploading a lot of music.


Quote:
Also, If I backed up my partition with windows and programs on a blank hard-drive, nuked the partition, and then restored it with the copy on the back-up hard-drive would that just replace the information and stuff I was trying to remove. If so is there a way to selectively back up and nuke so that I don't have to reinstall 50 things in my program file and even windows itself, but still rest at ease knowing that the computers history is fresh at least in the eyes of any potential law in-queries?
Most backup software doesn't bother to save the contents of
empty sectors or even the slack space in clusters at the end
of each file so yes, that would be safe. Still, it would be far
faster to use a secure wipe program to just clean up all the
empty and slack space without the long backup and restore.

Some backup software can be made to save a complete
image of a disk, empty sectors and all, so you wouldn't
want to use that feature if you wanted to be rid of old
deleted data.
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Old April 20th, 2008
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Quote:
Originally Posted by sageecl View Post
Hi guys and gals, I want to use the D-ban program to nuke part of my hard drive.
nope...AFAIK dban is for totally wiping a drive, not individual partitions...

your course of action is up to you...at this moment in time the powers of the RIAA/MPAA are waning and the forced forensic analysis of your drive might not happen (it HAS happened to others)...free space wipers and such might do the trick for you....of course the ultimate 'trick' is to throw away the HDD and replace it...

AW's comments in this thread indicate he has never heard the the Candyman Project which was conducted a few years back....the Law was supplying illegal images to ensnare people...apparently totally legal as plenty of people are paying the price for accepting those emails and such (including some law officers...big surprise eh?)....just remember, AW is from Canada and they have different laws than the rest of the planet....

and think of this: if you had spent the time to start a case against an individual, wouldn't you go 'all the way' once you had done a fair amount of work????? admit it, sure you would!
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  #7 (permalink)  
Old April 19th, 2008
AaronWalkhouse's Avatar
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Quote:
Originally Posted by arne_bab View Post
... with a lawyer message containing a screenshot and an eye-wittness.

Using only a screenshot just got rejected by a court in germany, because the eye-wittness had disappeared. Before that, using just screenshots was common practice.
Exactly! There absolutely has to be some sort of verified and
solid evidence in hand before the police can proceed.


A phone call or email is never enough by itself, so the police
have to investigate and get some probable cause that a
crime has been committed before getting a warrant for
search or arrest. Someone who has accidentally
downloaded and then deleted a file is never going to find
themselves in such a position because no such evidence
exists. Any search or arrest (which would have to be based
solely on hearsay or suspicion) against such a person would
automatically be thrown out of court as soon as it is
discovered that the mandatory hurdle of probable cause had
been ignored.

Even if a person had been caught with millions of files, that
evidence would be permanently inadmissible if the police
had obtained it illegally. In the case where an innocent
person is illegally tagged with a single file, it would be the
policemen and prosecutors facing criminal charges, not the
other way around.

What you are describing there is a case involving a person
who shares such files, against whom a screenshot
showing the files being shared can be obtained. If
you are imagining a case in which an innocent person could
be logged downloading such a file, don't forget that
the only person capable of providing a screenshot or
testimony is the very same person who is actually
sharing the file and breaking the law
. The police
cannot ever commit a crime to catch a criminal, so that
scenario is completely ruled out too.

The bottom line is that anyone who accidentally downloads
and then deletes an illegal file of any kind is completely
safe from prosecution. The only way they could get
themselves in trouble is to let themselves be tricked into
confessing to more than they actually did. Even then, any
competent lawyer could expose the trickery and nullify that
improbable and hypothetical threat.

So, there's not much point in destroying all your data and
reformatting your whole disk when just deleting the file and
defragging or wiping free space is going to work well
enough. In fact, taking such an extreme measure will tend
to indicate to anybody that more was going on and would
tend to raise suspicion.
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