Stephen Withers
Tuesday, 28 August 2007 07:46
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Well-known torrent search site TorrentSpy is blocking visitors from the US.
According to company officials, the "decision to stop accepting US visitors was NOT compelled by any Court rather it arises out of an uncertain legal climate in the United States regarding user privacy and the apparent tension between US and European Union Internet privacy laws."
The company says its web servers are located in the Netherlands.
TorrentSpy's privacy policy state "TorrentSpy.com will not collect any personal information about you except when you specifically and knowingly provide such information." The company interprets this to preclude the logging of personally identifying information (including IP addresses) relating to searches performed by users.
The Motion Picture Association of America (MPAA) and movie studios have sued TorrentSpy for aiding copyright infringement, and obtained a court order requiring TorrentSpy to keep such records, requiring that information that would otherwise be stored only in RAM be preserved. That ruling has been stayed pending an appeal.
The Electronic Frontier Foundation filed an amicus curiae brief against the ruling, arguing that Federal Rule of Civil Procedure 34 does not apply to information held only in RAM.
What's the risk if the ruling stands? Please read on for the answer.
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