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Even worse, they are given free access (no warrant) to ISP information about the individuals they presume to be infringing so they can tie an identity to an IP
by buran77 5y ago
Even worse, they are given free access (no warrant) to ISP information about the individuals they presume to be infringing so they can tie an identity to an IP linked to infringing material.
Lawyers win either way, via the fines that they ask for (people are scared that this could escalate and just pay), or the fees to fight the fines (usually a letter highlighting the situation that personal information was obtained without a court order). So they have all the incentive to propagate the practice.
- lgierth 5y agoThey do need a court order, see my other comment
- buran77 5y agoThere are ISPs who provide that information based on agreements with the law firms (what you called the automated process - quite literally there's no meaningful human intervention at any point which goes against every principle). Those cases will be dropped as soon as they receive a counter letter from a lawyer because it's the kind of thing that's supposed to stay in the shadow. A court order is not supposed to be automated because it's exceedingly simple to make it output whatever you want while still claiming good faith.
- lgierth 5y agoAh I did not know that, thanks! - My dozen or so cases have always had a court order attached. Worrying that there are ISPs that hand out data without one...