monitoring what you do... - Page 2

**Chris** · 27-05-2004, 10:26

Quote:

Originally Posted by Nemesis

Ahem ... you might want to check the WHOLE thread

Yeeee .... eeesssss .... I posted in here before Jim delivered his punchline. Thought about deleting my post, but then decided I might as well leave it.

/mouse still hovering over the 'rep' button

cichlid · 12-06-2004, 21:24

Folks I've seen this with my own eyes. A well known US entertainment company sent a 'Takedown Notice' to my friends ISP (no names) using his IP address. They listed times and URL he used. His ISP forwarded it on to him reminding him of the consequences of downloading copyright material and he should stop now. He didn't even know what it was at first (I'd hardly call him a repeat offender) so he showed it to me. His ISP never said if they were providing his details or if they were asked for.

13-06-2004, 01:31

Quote:

Originally Posted by zovat

To hold the data is not in breach of the DPA, however to release it without your consent to a third party is...

Plus, I believe, that if they released the information to the MPAA or the RIAA that they would be in breach of further rules concerning the transfer of information abroad.

Stuart · 13-06-2004, 02:57

Quote:

Originally Posted by dr wadd

Plus, I believe, that if they released the information to the MPAA or the RIAA that they would be in breach of further rules concerning the transfer of information abroad.

If the computers they transferred to are outside the European Union, then there would be a problem.

Having said that, I don't think the MPAA or the RIAA would be able to act in this country. The Federation Against Copyright Theft (FACT) would. All the RIAA or MPAA would have to do is pass their findings on to FACT...

oncewas · 13-06-2004, 19:32

Hi,

Been reading the posts with interest, & as I've had some dealings with the DPA.....
Personal information cannot be released without your consent, the only exception is serious crime issues, and even then, the police etc need a court order, if the material is held by a private organisation. Govt agencies have diff. criteria, but a strong justification needs to be made to release the info.
Any requests from agencies outside the UK are obviously outside of UK law (that includes the EU) and have no legal basis. Serious crime issues would have to be passed onto UK authorities, who would then follow the procedure outlined above if they felt justified in doing so - in all cases UK law applies.
Whether your ISP can keep records of your e-mails etc, I'm not sure about - maybe somebody else has more info.

Phew!!! such a long post for my first time!

cichlid · 14-06-2004, 20:33

I've just re read the take down notice that was sent from the 'well known US entertainment co.' - The letter does talk a lot about legal stuff but their legal basis is probably up for debate. I think on this occasion, my friend can only be guilty of breaching his ISPs Acceptable Use Policy.
My current question now is more about how they operate.
Say I have a mpeg file named 'the day after tomorrow' and it's a home video of, lets say the morning after a large birthday party. I share that file out. Are they going to come after me?
Are they likely to even look at the contents of the file? I think not - they wouldn't have the time for it. So you're guilty until you can prove otherwise - and for american justice thats the norm.