Dutch file-sharing service
TorrentSpy
has started blocking US-based IP addresses from using its search engines.
TorrentSpy's lawyer, Ira Rothken, said that the move is a direct response to
a Federal court order which required the search firm to start logging users' IP
addresses and activity.
But the company has said that it would rather block US users completely than
breach its privacy policy.
TorrentSpy was ordered to track its users after the
Motion
Picture Association of America (MPAA) took the firm to court, accusing it of
alleged copyright infringement by facilitating illegal downloads of copyrighted
material.
The MPAA claimed that TorrentSpy was helping users to trade pirated material
via file-sharing networks as its privacy policy states that it will not gather
any personal data without permission.
The US judge presiding said that TorrentSpy could mask the IP addresses of
users at the time of use, and ordered the company to start saving the tracking
information and provide the data to the MPAA.
The
Electronic
Frontier Foundation (EFF), a group of digital privacy advocates, has slammed
the judge's decision.
"This unprecedented ruling has implications well beyond the file-sharing
context," said EFF staff attorney Corynne McSherry.
"Giving litigants the power to rewrite their opponents' privacy policies
poses a risk to all internet users."
The EFF reckons that the judge incorrectly reasoned that, because the IP
addresses exist in the Ram of TorrentSpy's web servers, they are "
electronically stored information" that must be collected and turned over to the
studios under the rules of Federal discovery.
"In the analogue world, a court would never think to force a company to
record telephone calls, transcribe employee conversations, or log other
ephemeral information," said EFF senior staff attorney Fred von Lohmann.
"There is no reason why the rules should be different simply because a
company uses digital technologies."
TorrentSpy has vowed to appeal against the ruling and has assured users
outside the US that, since its servers are based in The Netherlands, they will
still be able to access the site.
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