Police Allowed To Hang Onto Seized Computers For Anti-Piracy Group, Despite No Gov't Prosecution

from the that's-bad dept

We were just noting that the IFPI thinks it's going to start seizing computers directly to get evidence of unauthorized file sharing, and wondering how that would work. At least in the UK, they may have just received some legal support. Over the summer, we wondered why an anti-piracy group in the UK was given access to and allowed to keep computers from a criminal investigation into an online service, called Surfthechannel, accused of unauthorized file sharing. The police seized the computers, but decided not to pursue criminal charges. It never made much sense that private, industry-backed anti-piracy group FACT was a major part of the criminal investigation, as they're quite the biased party. They were given seized computers as a part of this investigation -- and once the police decided not to pursue criminal charges, FACT kept the machines, saying it was considering a civil suit. However, the lawyers for Surfthechannel noted that the police and FACT had no right to keep the seized machines after the decision was made not to pursue criminal charges.

Apparently (and unfortunately) a judge disagrees. A reader alerts us (via comments on a totally separate story, rather than a submission -- not sure why) to the news that the judge in the case has said that police have every right to retain seized computers, even after they've decided not to pursue criminal charges. The judges noted that the law allows police the retain anything seized "so long as is necessary in all the circumstances" and then ruled that the potential of a civil suit from FACT was one of those "circumstances" that qualified. It's difficult to see how that makes any sense, but so ruled the court.

Filed Under: computers, confiscated, copyright, criminal, file sharing
Companies: fact, ifpi

IFPI: If Lawsuits Aren't Working In Denmark, We'll Seize Computers To Get Evidence

from the um,-wow dept

We just wrote about how the Danish anti-piracy group was dropping its lawsuits against individual file sharers after realizing that Danish law made it almost impossible for the industry to win those cases. However, as pointed out by brokep, the international wing of the recording industry, the IFPI, wasted little time in trying to spin the news in its favor (Google translation of the original). The IFPI insists that the lawsuits won't stop, but just that the anti-piracy organization was realizing it needed more detailed evidence -- and this means that it will now start seizing computers to get evidence. Now, the Google translation trips up over the word "beslagslaeggelse," but multiple Danish speakers have confirmed that the word means "seize" or "confiscate." Of course, that raises some questions about why a private organization representing record labels has any right to seize computers of individuals. I think they were better off when they just admitted they were going to give up on the counterproductive legal strategy.

Filed Under: antipiracy, computers, denmark, lawsuits, piracy
Companies: ifpi

What Happened To 'If You Didn't Pay For It, It's Stealing'?

from the except-when-we-do-it dept

For years, the entertainment industry has pushed a propaganda line in its "education" programs that are used in schools: "if you haven't paid for it, you stole it." Of course, that's not actually true. But, if the entertainment industry wants to claim that, shouldn't it live by those rules too? Apparently, the managing director of Dutch anti-piracy group BREIN, that's currently involved in numerous lawsuits against file sharing sites, is happily talking up the fact that he now has possession of a laptop from a "hacker" and that it was confiscated from that hacker. So, clearly, BREIN didn't pay for it. Doesn't that mean it was stolen by their own definition? While the police may have the right to confiscate goods, BREIN is not the police. It's a private industry organization, that claims it's against theft, but doesn't seem to mind participating in "getting things without paying for it" when it has the chance.

Filed Under: anti-piracy, computers, file sharing, propaganda
Companies: brein

Forget Snow Days, Kids Get Two Days Of No Classes Due to A Computer Glitch

from the how-did-we-ever-deal-before? dept

Apparently the Prince George County high school spent over $4 million on a nice new computer system... and the system is so buggy that students have been unable to attend class for the first two days of school, since the computer system refuses to give them their schedules. The kids still went to school, but just got to hang out in the gym or hallways since no one seemed to be able to figure out where they were supposed to go. The thing that gets me... is how did they get to the beginning of the school year and just realize this? I know I went to school way back before all this was computerized, and we got our schedules sent in the mail a few weeks before school. You have to think that the school would have realized this was a problem earlier and at least figured out some sort of manual way to get schedules to people?

Filed Under: computers, glitch, schools

Supreme Court Won't Hear Case Over Computer Tech's Right To Search Your Computer

from the older-ruling-stands dept

A few years back, we wrote about the case where a guy was arrested for possessing child pornography after techs at Circuit City found child porn on his computer, while they were installing a DVD player. The guy insisted that the evidence shouldn't be admissible since the techs shouldn't have been snooping through his computer -- and a lower court agreed. The appeals court, however, reversed, noting that the guy had given Circuit City the right to do things on his computer -- including testing out the newly installed software (which is how the tech claims he found the video). The guy appealed to the Supreme Court, who has declined to hear the case, meaning that the ruling stands for the time being. So, basically, if you hand your computer over to someone else for repairs, at least in some jurisdictions, they may have pretty free rein in terms of what they're allowed to access on your computer.

Filed Under: computers, porn, searches, supreme court
Companies: circuit city

FBI Unable To Properly Manage Terrorist Watch List

from the check-on-that-new-computer dept

For the better part of this decade, we've covered the massive screw-ups the FBI had in updating its computer system. This was the system that was many years late, way way way over budget and useless at tracking down terrorists. It's the same system that, when a computer scientist was asked to review the it, he claimed (no joke) that it would be a good time to go on a crime spree the day the FBI switched over.

While the FBI has since moved forward with another system, it's reasonable to question the quality of its computer systems. So, it shouldn't come as much of a surprise that the FBI appears to be unable to manage its terror watch list. According to a report by the Inspector General:

We found that the FBI failed to nominate many subjects in the terrorism investigations that we sampled, did not nominate many others in a timely fashion, and did not update or remove watchlist records as required.... We believe that the FBI's failure to consistently nominate subjects of international and domestic terrorism investigations to the terrorist watchlist could pose a risk to national security.

Now don't you feel safer?

Filed Under: computers, terror watch
Companies: fbi

When It Comes To Today's Cell Phones, The Hardware Is The Easy Part

from the new-markets,-old-problems dept

Faced with stagnating sales as consumers upgrade their computers with less frequency, several PC makers are eyeing the smartphone market as their next growth target. It makes sense to them: their technology is getting smaller and smaller, while demand for more powerful handsets is growing. And smartphones are basically becoming tiny laptops, right?

Well, not exactly.

Smartphones and computers might be sharing more components and technology these days, but just as the PC hardware market became a commodity one, the handset hardware market is moving that way, too. The hardware is the easy part: there are dozens of ODMs around that are more than willing to design and build handsets for anybody with the cash. The real innovation these days is in software -- and designing great mobile user interfaces, as well as applications and services, will determine who wins in the market. Consider the iPhone: its tech specs, perhaps beyond its touchscreen, aren't head and shoulders above other high-end handsets, and are surpassed by a number of competitors' devices. But what's won so many fans is its software, in particular its user interface, its web browser and the App Store. Making the leap from PC to smartphone isn't an easy one -- just ask the likes of Microsoft, whose dominance of the desktop hasn't lead to a similar position for Windows Mobile.

Filed Under: computers, phones

Yet Another Truth Telling Computer... Haven't We Seen This Before?

from the believe-it-when-I-see-it dept

For years and years and years, we've been hearing about hugely ambitious projects to try to create "thinking" machines that can absorb a ton of information and spit out facts. Yet, every time, when the true tests begin, the project never gets very far, for a variety of reasons. First, the technology usually isn't that good. Having a computer decide what is "truthful" isn't exactly an easy problem -- especially when plenty of humans can't even agree on what is, and what is not, truthful. Second, these companies have failed to come up with a reason why anyone would really want/need to use such a thing. After all, how useful is a "truth" machine compared to a simple search engine? These projects come and go, and there's always someone insisting that the holy grail is on its way. The latest is Stephen Wolfram, something of a high tech oddity. He built a tremendous success with Mathematica and clearly is a sort of techie's techie. That's why it's not as easy to simply dismiss his claims to have created just such a knowledge system. That said, I'm still not convinced there's a particularly good use case for the product -- and, even if it's much better than what's come before, chances are it still has an incredibly long way to go. Wolfram is a super smart guy -- and I do hope he's figured out how to really create such a thing, but given how many similar claims we've seen in the past, it seems only wise to express some significant skepticism.

Filed Under: computers, stephen wolfram, truth

One More Reason Not To Blindly Trust What A Computer Tells You

from the this-site-is-sooooooo-dangeorus dept

By now, you've probably heard the news that Google had a bit of a "glitch" this past weekend, whereby it warned people that every single site in existence (including Google) was rated as potentially dangerous and could put malware on your computer. It lasted for about an hour Saturday morning, causing amused chatter around the web. But, of course, it does highlight one key issue: whenever we end up with various "automated" warning systems, we tend to start believing what the systems tell us -- even when we know they're fallible. It's something worth remembering -- not to say that computer models are bad, just that we almost always underestimate how much weight people put on them once they're in place, no matter how much we intuitively understand that it's just a model.

Filed Under: computers, malware, trust
Companies: google

EFF And ACLU Sue FBI Over Seizure Of Activists' Computers

from the 4th-amendment-anyone? dept

The EFF and the ACLU has filed yet another lawsuit against the government, highlighting another scary abuse of power that feels straight out of a police state, rather than the free society we supposedly live in. Specifically, the FBI and other law enforcement officials raided the offices of two different activist organizations and seized all of their computers. There are two issues here that are important. First, if the FBI was concerned about the computers being used in commission of a crime, they easily could have followed the same policies used to get records off of computers at libraries (part of the issue is that these organizations offer public access computers to folks visiting their offices). The second issue is that both organizations act as publishers, and federal law makes it clear that the government can't just seize computers of publishers except in extremely narrow circumstances. So, in either circumstance, the Feds should not have seized the computers.

Filed Under: 4th amendment, aclu, activists, computers, eff, seizure