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University of Michigan Student Wants SafeNet Prosecuted 393

NewYorkCountryLawyer writes "An anonymous University of Michigan student, targeted by the RIAA as a 'John Doe,' is asking for the RIAA's investigator, SafeNet (formerly MediaSentry), to be prosecuted criminally for a pattern of felonies in Michigan. Known to Michigan's Department of Labor and Economic Growth — the agency regulating private investigators in that state — only as 'Case Number 162983070,' the student has pointed out that the law has been clear in Michigan for years that computer forensics activities of the type practiced by Safenet require an investigator's license. This follows the submissions by other 'John Does' establishing that SafeNet's changing and inconsistent excuses fail to justify its conduct, and that Michigan's legislature and governor have backed the agency's position that an investigator's license was required." SafeNet/MediaSentry defended their actions by claiming their company simply "records public information available to millions of users. If private investigator licenses were required to do what MediaSentry does, every user on Limewire and other illegal p2p networks would be required to have a license. Indeed, every search engine and Internet user would be required to have a private investigator license if MediaSentry needs one."
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University of Michigan Student Wants SafeNet Prosecuted

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  • p2p != illegal (Score:5, Insightful)

    by snl2587 ( 1177409 ) on Tuesday September 09, 2008 @10:04PM (#24941351)

    Why do they insist on calling p2p itself illegal? Do they actually understand the law at all, or are they relying on public ignorance to keep them justified?

    Wait....nevermind...

    • Re:p2p != illegal (Score:5, Insightful)

      by Greyfox ( 87712 ) on Tuesday September 09, 2008 @10:13PM (#24941447) Homepage Journal
      Some P2P company should sue them for defamation.
    • Re:p2p != illegal (Score:5, Interesting)

      by plasmacutter ( 901737 ) on Tuesday September 09, 2008 @10:14PM (#24941467)

      So long as critical thinking courses are conspicuously absent from public school curricula, people will not understand the concept of logical fallacy.

      I recently had the "file-sharing is theft" discussion with a manager i'm on otherwise good terms with, and the guy doesn't understand how fallacious it is to compare this activity to shoplifting.

      Trying to convey small but consequential logical differences to the common man is like trying to explain to a creationist why science is not diametrically opposed to their beliefs.

      If they worked in the industry it's even harder. The idea that the crusade against file-sharing can conflict with the international declaration of human rights simply doesn't register with them.

      • Re: (Score:3, Insightful)

        by Z34107 ( 925136 )

        You may have had a hard time explaining why file-sharing isn't theft because the two are pretty close.

        It's true that file-sharing involves intangible goods with no loss to the other party. However, in both cases you get something you didn't pay for that belonged (or still belongs!) to someone else. The results for the "thief" are the same even if the means (and their side effects) are drastically different.

        But, you know that. And, evidently, most people don't. But, I wouldn't trust those same people to

        • by QuantumG ( 50515 ) *

          Necessary but not sufficient.

          Learn the difference.

        • Re: (Score:2, Interesting)

          by russotto ( 537200 )

          You may have had a hard time explaining why file-sharing isn't theft because the two are pretty close.

          The only similarity is that at least one party is enriched in both cases.

          The results for the "thief" are the same even if the means (and their side effects) are drastically different.

          By that standard, winning a contest and stealing the prize are "pretty close".

          Theft: A takes an item from B without B's consent. B has been damaged by the cost to replace the item, A has been enriched
          File-sharing of copyrighte

          • File-sharing of copyrighted material: A creates a pattern of bits the same as one B has. A has been enriched. B has been neither damaged nor enriched. Third party C claims to have been damaged to the tune of $100,000.

            B and C are the same parties, but nice try attempting to portray the **AA as "mean and bad" without appearing to demean the beloved [forbes.com] musicians [digg.com].

            Some musicians sell the rights to their creations to others. Some choose to market them themselves. It does not matter — for this argument

            • Re: (Score:3, Interesting)

              by Grey Ninja ( 739021 )
              No, you are completely wrong. Theft is one thing, copyright infringement is another entirely. Theft is when you take something from someone and make it your own. When I download a song, what have I taken from the poor artist?

              potential earnings.

              I know a few people who are pretty good at guitar. If they go into a bank and ask for a loan, based on their potential earnings, how do you think the bank will react? How about if they put their house down as collateral?

              Ask yourself this. If I take a St
        • Comment removed (Score:5, Insightful)

          by account_deleted ( 4530225 ) on Wednesday September 10, 2008 @12:29AM (#24942667)
          Comment removed based on user account deletion
    • Re:p2p != illegal (Score:5, Informative)

      by drDugan ( 219551 ) on Tuesday September 09, 2008 @10:32PM (#24941629) Homepage

      Our company runs LegalTorrents.com - completely legal P2P distribution as a service to Content Creators.

      Anyone who falsely claims the P2P = illegal, you can simply send them a link to our site as a counter example. Oh yeah, and Jamendo, and BitTorrent, and many, many others.

      • Re:p2p != illegal (Score:4, Insightful)

        by Khyber ( 864651 ) <techkitsune@gmail.com> on Tuesday September 09, 2008 @11:27PM (#24942051) Homepage Journal

        I may not speak for everyone, but I'm sure I speak for a fair percentage when I say thank you for proving that a protocol is a protocol, and not some piracy lane. Piracy can happen from HTTP to P2P to Torrent to FTP to Newsgroups to E-Mail, and all of those are at the most basic level peer to peer to begin with. Yes, there are middlemen in the way, but it's still basically one person networking to another through various connections, social, digital, or otherwise. To single out a specific protocol made for information transfer as a lane of information piracy when all protocols are designed for the transfer of information is asinine.

    • Re:p2p != illegal (Score:5, Insightful)

      by moosesocks ( 264553 ) on Tuesday September 09, 2008 @10:43PM (#24941717) Homepage

      or are they relying on public ignorance to keep them justified?

      You must be new here (that is, to the US....)

      And no, I'm not trying to be funny. If you've been following the current election cycle, especially this past week, you should be well aware that this is a perfectly viable strategy.

    • Blizzard should sue them, for claiming the method it uses to update World of Warcraft without suffering crippling bandwidth costs is illegal.

  • by Ethanol-fueled ( 1125189 ) * on Tuesday September 09, 2008 @10:05PM (#24941357) Homepage Journal
    From TFS:

    "SafeNet/MediaSentry defended their actions by claiming their company simply "records public information available to millions of users. If private investigator licenses were required to do what MediaSentry does, every user on Limewire and other illegal p2p networks..."

    Limewire is illegal? What other "p2p networks" are illegal? Good to see that the judicial system is finally wising up to those weasel-worded bastards.

  • Disingenious defense (Score:5, Informative)

    by QuantumG ( 50515 ) * <qg@biodome.org> on Tuesday September 09, 2008 @10:05PM (#24941359) Homepage Journal

    What a bunch of cocks. Don't they understand that it's the combination of collecting the information and presenting it in court that is the issue here?

    • I hate this notion where ya can't do squat without some license from the government. So on purely libertarian grounds I'm forced to take SafeNet's side. Yes there are some legitimate chain of evidence issues involved, as other posters note, but basic liberties have to trump that. Evidence collected by a licensed & bonded investigator should be given extra consideration in court perhaps but ANYBODY should be able to collect evidence of criminal activity from the public Internet and should be able to t

      • by techno-vampire ( 666512 ) on Tuesday September 09, 2008 @10:35PM (#24941651) Homepage
        ANYBODY should be able to collect evidence of criminal activity from the public Internet and should be able to testify in a court of law.

        IANAL, but AFAIK, anybody can collect that type of evidence already and testify in court, provided that they are doing it as private citizens doing it in the interest of Justice. What Media-Sentry is doing is different: they are acting as paid agents of the RIAA, investigating on their behalf and charging money for it, without the proper licenses. It's the same as with home renovation; you don't need any type of license to renovate your own home, but you do if you act as a contractor, doing it on other people's property and receiving payment for your work.

      • I hate this notion where ya can't do squat without some license from the government.

        Live by the law, die by the law.

        Copyright is purely a government-granted legal fiction. I would have thought that by the MAFIAA would have bought a law that says you don't need a PI license to collect evidence for cases regarding copyright infringement. Hell, I'm surprised they haven't bought a law that relaxes requirements regarding the chain of evidence for copyright infringement cases because they are just so hard to win otherwise...

      • Re: (Score:3, Insightful)

        by nog_lorp ( 896553 ) *

        Anyone can testify in a court of law so long as they have some assured credibility. If they "were there", that is credible (eye witness). Otherwise, they should have to be an expert witness with some sort of credentials - something to lose if they are bullshitting. They are CLAIMING to be expert witnesses, and at the EXACT same time (in a different concurrent suit) claiming they do not have the responsibilities of an expert.

        ~nog_lorp

      • by QuantumG ( 50515 ) * <qg@biodome.org> on Tuesday September 09, 2008 @10:36PM (#24941665) Homepage Journal

        I'm a big freakin libertarian too, but the fact is that without licensing what you get is exactly this situation: jokesters who lie through their teeth and get away with it.

      • Doing it for hire (Score:5, Insightful)

        by MDMurphy ( 208495 ) on Tuesday September 09, 2008 @10:43PM (#24941715)

        I'd lean towards your opinion, except for one thing: There are a multitude of things you can do on your own behalf, but once you want to sell your services, it's different. [see: prostitution]

        Electricians, cosmetologists, lawyers all do things that you could many times do yourself. But if you want to sell yourself as an expert to others, there are licensing and other rules.

        While SafeNet might only be using public information, but who's to say they aren't also illegally tapping into information they aren't supposed to? If they were licensed P.I.'s their licence would be at risk if they violated the rules. Risk of their professional license is another way to keep them straight, for things that criminal and civil law don't cover.

      • by hedwards ( 940851 ) on Tuesday September 09, 2008 @11:22PM (#24942019)

        Nice to see fallacious arguments still garner mod points. What you're suggesting is a false dilemma.

        In this case they are engaged in spying on third parties without their knowledge and doing so for a price. They are collecting information which requires an education and training and using that as sole support for a civil case. And have not been proven to do so in a manner which is in accordance with the laws of the state of Michigan.

        That's completely different than when a person sees a car accident and is later called to testify.

        Following your logic, I should be allowed to open my own lab to examine DNA to solve murders without involving the police.

      • by Foobar of Borg ( 690622 ) on Tuesday September 09, 2008 @11:25PM (#24942037)

        I hate this notion where ya can't do squat without some license from the government.

        Yes! Just the other day, I wanted to take some kid's appendix out. But, the damn Nanny State government said I actually needed to have a medical license! What kind of fascist dictatorship are we living in, anyway?

        • by JesseMcDonald ( 536341 ) on Wednesday September 10, 2008 @12:09AM (#24942469) Homepage

          I know you were attempting to be sarcastic, but I wouldn't have any problem with that provided you didn't commit fraud by claiming medical credentials you don't have. If the kid's legal guardians want you to do the surgery despite your lack of formal approval by the state I see no reason to interfere.

          Medical regulations, including licensing, are no more beneficial than any other kind of regulation.

          • Re: (Score:3, Insightful)

            by EzInKy ( 115248 )


            I know you were attempting to be sarcastic, but I wouldn't have any problem with that provided you didn't commit fraud by claiming medical credentials you don't have.

            Licenses are creditionals.

            If the kid's legal guardians want you to do the surgery despite your lack of formal approval by the state I see no reason to interfere.

            Does that hold true even if that kid were you?

  • There's that minor difference between recording that information for simple personal use and recording in for use as evidence in a court of law. Otherwise, there would be no need for PI licenses since, after all, a PI is only recording publicly available information like where you go and what you say.

    But of course we all already knew this...

  • Let's see... (Score:5, Interesting)

    by gnick ( 1211984 ) on Tuesday September 09, 2008 @10:08PM (#24941381) Homepage

    On one side we have a massive industry with an unlimited supply of lawyers (and public officials) and on the other side we have somebody who's obviously right.

    Let's see which way this one swings.

    [Although the phrase "Michigan's legislature and governor have backed the agency's position that an investigator's license was required" does make me cautiously optimistic - Let's get this one right, Michigan!]

  • If their defense is true, their "evidence" should be inadmissible, since publicly available information cannot be used to trace it to an actual person.

  • by throatmonster ( 147275 ) on Tuesday September 09, 2008 @10:09PM (#24941395)

    Gotta love that: "If we need a license, everyone that uses Limewire needs a license." Sorry, but the rest of the world isn't hired by the RIAA specifically to start legal proceedings based on the data they are collecting. There is a difference.

  • Nobody likes MediaSentry but they do make a compelling case. If you require a PI license in order to simply view logs of connections to your machine and to contact the people referenced in those logs then the law would be extended to a lot of other things.

    If I not mistaken I thought the line between requiring a PI license and not is simply where the information exists... If you are using third parties or other people's hardware then a PI license if clearly warranted.

    But on the other hand if all the informat

    • by geminidomino ( 614729 ) * on Tuesday September 09, 2008 @10:13PM (#24941459) Journal

      Nobody likes MediaSentry but they do make a compelling case. If you require a PI license in order to simply view logs of connections to your machine and to contact the people referenced in those logs then the law would be extended to a lot of other things.

      If I not mistaken I thought the line between requiring a PI license and not is simply where the information exists... If you are using third parties or other people's hardware then a PI license if clearly warranted.

      But on the other hand if all the information you're using is in-house then the license is simply not warranted or helpful.

      I don't think it would serve the public good at all to require a PI license, particularly if all Network/System Administrators ended up requiring one.

      It also wouldn't stop SafeNet/MediaSentry from operating the way they currently do.

      It also, ostensibly, involves the chain of custody of evidence.

  • when they're under oath. Right now they're speaking through their mouthpieces, who will say anything, anything at all, no matter how nonsensical it is. It will be hysterical when one of the actual crooks is actually required to testify under oath about his or her illegal conduct. I'm betting (a) they take the Fifth, and (b) the RIAA's whole litigation campaign goes down the tubes.
    • by swillden ( 191260 ) <shawn-ds@willden.org> on Tuesday September 09, 2008 @10:22PM (#24941549) Journal

      Two questions, Mr. Beckerman:

      First, is there some court proceeding in progress which is likely to require one of the crooks to testify under oath?

      Second, assuming they do take the fifth, and the "evidence" upon which all of the cases are based is wiped out, won't SafeNet just hire some people with investigator's licenses to continue the farce? Or is there some reason that a legitimate, licensed investigator would refuse to participate?

      Interesting stuff.

      • Well, hopefully the filings by Case Number 162983070 will lead to them being tried for the felonies they have committed. Their testimony is not needed, the burden of proof can be easily satisfied using public records of the cases in which they have provided evidence.

      • Two questions, Mr. Beckerman: First, is there some court proceeding in progress which is likely to require one of the crooks to testify under oath?

        There are many. In UMG v. Lindor [blogspot.com] we had noticed MediaSentry's deposition, and were awaiting rulings on our document subpoena from the Magistrate Judge, when the RIAA made a motion to drop their case. However, the case is pending at this time. There are plenty of other cases in which MediaSentry's deposition can and should be taken. E.g., Andersen v. Atlantic [blogspot.com], Atlantic v. Boyer [blogspot.com], Elektra v. Torres [blogspot.com], Arista v. Does 1-27 [blogspot.com], Arista v. Does 1-17 [blogspot.com], LaFace v. Does 1-5 [blogspot.com], to name a few.

        Second, assuming they do take the fifth, and the "evidence" upon which all of the cases are based is wiped out, won't SafeNet just hire some people with investigator's licenses to continue the farce? Or is there some reason that a legitimate, licensed investigator would refuse to participate?

        I don't know.

    • Re: (Score:3, Insightful)

      ...and (b) the RIAA's whole litigation campaign goes down the tubes.

      I want to agree with that final bit - I REALLY DO - but I somehow doubt it will. The RIAA has shown that they are adamantly determined to see this particular gambit through to the bitter end and, short of the execs responsible for it going to jail (which I doubt will happen), they'll keep pushing forward, just slightly altering their tactics as each old tactic fails them. I would love to be proven wrong and, gawd knows you know more abou
      • The RIAA has shown that they are adamantly determined to see this particular gambit through to the bitter end

        I have not seen that kind of resolve.

        ... short of the execs responsible for it going to jail (which I doubt will happen)

        I would not be surprised to see criminal culpability for aiding and abetting MediaSentry's felonies and misdemeanors.

        ... they'll keep pushing forward, just slightly altering their tactics as each old tactic fails them

        If your SOLE witness has to take the Fifth, your cases are gone.

        I would love to be proven wrong and, gawd knows you know more about the law and its processes than I do, but I just put more faith in the RIAA's pig-headed-ness than their common sense and willingness to play by the rules.

        I wasn't suggesting that they have a shred of either common sense or willingness to play by the rules. I believe they will be shut down by (a) their shareholders, or (b) the judges.

  • While it may be publicly available, Limewire or people doing Google searches don't typically use the results to support criminal prosecutions and lawsuits. They'd have a better argument that private investigators shouldn't require licenses than that they are acting as private investigators.

                Brett

  • Legal Requirements (Score:4, Insightful)

    by xmarkd400x ( 1120317 ) on Tuesday September 09, 2008 @10:19PM (#24941515)
    You can't exactly present a file called "IllegalDownloaders.txt" to a court of law and have it be proof. Yes, anyone can view the data that they collect(IPs, etc). So far, they have been using "We are a giant corporation! Of course we would not lie!" to vouch for the authenticity of their data. MediaSentry has never been through any sort of rigors whatsoever. It could be a seagull pecking at a number pad for all we know.
  • by fuzzyfuzzyfungus ( 1223518 ) on Tuesday September 09, 2008 @10:19PM (#24941517) Journal
    Everybody knows that the law wasn't written to apply to important people!(or their hired lackeys, unless a scapegoat is needed)

    Good heavens, the commoners are getting quite out of hand. They'll be demanding perjury charges for false DMCA takedowns next!
  • Indeed, every search engine and Internet user would be required to have a private investigator license if MediaSentry needs one.

    Well, yeah, if they intended to use the information they downloaded as evidence in a civil case, I suppose they would!

  • One would think SafeNet comes up with a better defense than that. Stupidity as a strategy for legal defense is not going to work for them.
  • Not quite... (Score:5, Insightful)

    by Fishbulb ( 32296 ) on Tuesday September 09, 2008 @10:25PM (#24941567)

    Indeed, every search engine and Internet user would be required to have a private investigator license if MediaSentry needs one.

    But not everyone using a search engine or collecting data from a p2p client are doing so for the purpose of presenting evidence in court.

    Nice try.

  • by gilkyboy ( 746418 ) on Tuesday September 09, 2008 @10:28PM (#24941589)
    By claiming that you shouldn't need a license to practice these types of claims, MediaSentry has essentially decided that any simple google search of a user should suffice as verifiable evidence. The reason the law was created, and the reason that the law exists is to make sure that the supposed evidence is actually legitimate. A private investigator is likely to do a real search into the evidence to see if it is legitamate, whereas a simple google search leaves no proof, but merely a statement of possibility. If someone were trying to deceive people who were spying on them, they might use a false IP address, and thereby throw off the untrained. This is why governments require a PI license, and why these ready, shoot, aim lawsuits aren't legally sanctioned. It's based on the idea that most of the time they'll get it right, not proof that they're right first.
    • agreed.

      [MediaSentry] simply "records public information available to millions of users. If private investigator licenses were required to do what MediaSentry does, every user on Limewire and other illegal p2p networks would be required to have a license. Indeed, every search engine and Internet user would be required to have a private investigator license if MediaSentry needs one."

      This seems to be snake oil doublespeak for "quick get in the car and drive!"

      1. connecting to the users' computers for the purposes of determining what files are stored there is not public information.
      2. presenting that as evidence in court requires that you are license to perform the investigation and that you have at least learned proper protocols for handling evidence.
      3. users are not presenting evidence in court. They are simply using a service. Recording the information you get by connecting and then using it for purposes of prosecution seems a bit dodgy at best. At worst, it seems like a violation of the computer fraud and abuse act. Mediasentry is connecting to a private system. It is connecting for reasons other than what it is representing at the time of connection. It is taking information from those systems. Isn't that a violation of the CFAA?

  • by Anonymous Coward on Tuesday September 09, 2008 @10:31PM (#24941623)

    Let's consider an alternate story: hardscrabble open-source advocate uncovers evidence that Microsoft misappropriated his GPL'd code, files lawsuit. Microsoft convinces the State of Michigan to prosecute him for failure to have a private investigator license. It's not hard to imagine which side Slashdot would take, no?

    Come on! We're all supposed to be good libertarians here. There's no good reason for the government to require a *license* in order for somebody to gather non-private information. We shouldn't cheer when the government abuses a bad law - even if it's being used against a party we personally disagree with.

    • by plasmacutter ( 901737 ) on Tuesday September 09, 2008 @10:44PM (#24941727)

      Let's consider an alternate story: hardscrabble open-source advocate uncovers evidence that Microsoft misappropriated his GPL'd code, files lawsuit

      This is a fallacious comparison of the two situations.

      First and foremost, the developer himself found the evidence.

      Second, he retains a lawyer and sues the company specifically, rather than a john doe in order to gain his identity and go on a fishing expedition.

    • His evidence might be allowed in court because he's an expert witness in the area of computer programming.

      Going through code may not be investigating.

    • Re: (Score:3, Insightful)

      by Zorque ( 894011 )

      We're not all "good Libertarians" and I resent the insinuation. I agree that if this student wins his case it'll set a dangerous precedent, but that's about as far as I'll cooperate there.

  • by vmxeo ( 173325 ) on Tuesday September 09, 2008 @10:41PM (#24941703) Homepage Journal

    If private investigator licenses were required to do what MediaSentry does, every user on Limewire and other illegal p2p networks would be required to have a license. Indeed, every search engine and Internet user would be required to have a private investigator license if MediaSentry needs one.

    First, let me say- Uhh... no.

    Here's the requirements [sherlockpi.com], and some of them are quite interesting. Like:

    A person, firm, partnership, company, limited liability company, or corporation shall not engage in the business of furnishing or supplying, for hire and reward, information as to the personal character of any person or firm, or as to the character or kind of business and occupation of any person, firm, partnership, company, limited liability company, or corporation and shall not own, conduct, or maintain a bureau or agency for the purposes described in this subsection except as to the financial rating of persons, firms, partnerships, companies, limited liability companies, or corporations without having first obtained a license from the department.

    Hmm....

  • by iMouse ( 963104 )

    "Illegal P2P"? So, I guess that means that the WoW patches I just downloaded from the Bittorrent network are illegal.

    I should expect a cease and desist letter from Blizzard any minute now...

    WTF is with these RIAA and affiliate companies always making the statement that P2P is illegal? It is some of the MATERIAL that may be a violation of copywrite to distribute without license. The networks themselves and the sharing of free-to-distribute medias are perfectly legal. Maybe if they understood this, they w

    • Their definition of p2p is flawed as well.

      The internet in general is p2p, that's what makes it the internet.

      Like it or not, the internet subsists on copyright infringement. The only reason user contribution and participation (in other words "the internet") exists today is because 99% of copyrights go unenforced on the internet, whether by choice or by the infringers' careful choice of host nation.

      Hardly anyone seems to get this at all.

  • by phiz187 ( 533366 ) on Tuesday September 09, 2008 @10:56PM (#24941821) Homepage Journal
    Scott Moulton gave an excellent talk about Computer Forensics professionals needing Private Investigator (PI) licenses at Defcon 16. Basically the Private Investigator lobby has been pressing state legislatures to classify computer forensics as PI work. This does little to guarantee that the public is protected against poor/shoddy computer forensic work, and it does everything to increase the number of dues-paying members to the PI licensing body.

    The law may be making the online community happen, in this instance, where it is causing the RIAA grief. But on the whole, laws like the Michigan law are not good for the computer forensic and computer security community.

    Scott Moulton's talk at Defcon 16: http://defcon.org/html/defcon-16/dc-16-speakers.html#Moulton [defcon.org]
  • MI law (Score:5, Informative)

    by Anonymous Coward on Tuesday September 09, 2008 @11:06PM (#24941895)

    The law is pretty clear here, it's a bad argument on SafeNet's part.

    Section 338.822
    (b) "Computer forensics" means the collection, investigation, analysis, and scientific examination of data held on, or retrieved from, computers, computer networks, computer storage media, electronic devices, electronic storage media, or electronic networks, or any combination thereof.

    (e) "Investigation business" means a business that, for a fee, reward, or other consideration, engages in business or accepts employment to furnish, or subcontracts or agrees to make, or makes an investigation for the purpose of obtaining information with reference to any of the following:

    (i) Crimes or wrongs done or threatened against...or any other person or legal entity.

    (viii) Computer forensics to be used as evidence before a court, board, officer, or investigating committee.

    Section 338.823
    (1) A person, firm, partnership, company, limited liability company, or corporation shall not engage in the business of professional investigator for hire, fee, or reward,

    It basically all comes down to the fee requirement and evidence to be used in front of a court.

  • by Jane Q. Public ( 1010737 ) on Tuesday September 09, 2008 @11:16PM (#24941979)
    ... but conducting organized and covert surveillance through it is not. At least not in my state.

    MediaSentry deserves to go down. Hard.
  • by zullnero ( 833754 ) on Wednesday September 10, 2008 @03:54AM (#24943769) Homepage
    IANAL, but that all information gathered by a third party that does not have a private investigator license (or court appointed warrant, whatever) is inadmissible as far as I know. You can gather all the information you want, but whether or not you can use it against someone in a court of law would require gathering that evidence through proper channels, I'd think.

    However, holding onto that gathered information and using it in other ways would fall under an entirely different law. But rendering that information inadmissible in court would force the RIAA's corporate spies to follow the law or be essentially useless except for building a case for just cause for a warrant.
    • Re: (Score:3, Interesting)

      by hey! ( 33014 )

      Well, anybody who has a practical interest in this question (or thinks they might) really ought to hire a lawyer.

      That said, I'll proceed to the usual bloviation.

      I believe what you're grasping for is something that is called "the fruit of the poisoned tree." Evidence gained by illegal means is usually inadmissible. In this case, it is not the actions in question (scanning P2P networks) that is illegal. It is doing so in the capacity of a professional private investigator without a license to act in th

  • by Darth Cider ( 320236 ) on Wednesday September 10, 2008 @04:49AM (#24944007)
    The guys making bucks from RIAA suits are like Danny DeVito in that Matt Damon movie, The Rainmaker. They would have licenses to practice law if they were savvy enough. Don't think of them as legal entities, duly representing the power of the courts, they are just some guys filing paperwork and gloating about the gullibility of people who can't defend themselves. These guys think they're important every time a Slashdot article appears about their scare tactics. RIAA suits should come with a mandatory picture of Danny DeVito pretending to be a lawyer.
  • Bullshit (Score:4, Interesting)

    by Bob9113 ( 14996 ) on Wednesday September 10, 2008 @10:16AM (#24946153) Homepage

    SafeNet/MediaSentry defended their actions by claiming their company simply "records public information available to millions of users. If private investigator licenses were required to do what MediaSentry does, every user on Limewire and other illegal p2p networks would be required to have a license. Indeed, every search engine and Internet user would be required to have a private investigator license if MediaSentry needs one."

    Bullshit. If private investigator licenses were required to take compromising photographs of people in public places, everyone who owns a camera would be required to have a private investigator license.

    Ummm, hey, dumbass; it's not the act alone that matters. It is the act as part of an investigation. Are you retarded, or lying?

  • Michigan vs. Texas (Score:3, Interesting)

    by cdrguru ( 88047 ) on Wednesday September 10, 2008 @10:44AM (#24946643) Homepage

    I am not familiar with the law in Michigan. I am somewhat familiar with what was attempted in Texas. I believe they have similar roots and similar objectives.

    The idea is to eliminate the "shadetree forensic examiner" from the marketplace. These folks represent themselves as being qualified but often do more damage than useful work. Read up on Bando v. Gates for an example of an unqualified forensic examiner.

    The problem is most people are missing the point. States do not differentate between actions taken as part of an investigation or not. States do not differentate between evidence being collected for court vs. information for private use. If you are going to regulate examiners, then by God they are going to regulate examiners. What defines an examiner? Well, the Texas proposal would have regulated anyone doing "examination" work.

    Yes, indeed, using Google would have fallen into their definition in some cases. This is not a matter of fine-tuning the law. This is utter silliness. The objective - elimination of unqualified people touching computers - is a good one. I'd really like to have a law like that to keep most of the people that come to me for help from ever touching a computer again. But it is not a realistic objective and not one that is compatible with the current state of the art.

    Bemoan the use of "unlicensed investigators" all you want, but be aware that the bloggers license is next if this really were to succeed. I suspect it will not. The law may remain but it will not be enforced. Ever.

I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"

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