On your privacy

Posted: Sun Jun 10, 2007 5:20 pm

Since the topic of privacy has risen regarding the use of isoHunt.com, sister websites and our lawsuit brought against us by the MPAA, here's a motion we filed in regards to logging of your personally identifying information (PII) and activity:

Server Log Data Motion Fung Declaration -FINAL4.pdf

In light of our simple yet to the point Privacy Policy, none of your PII has ever been made available to a third party, and never will be unless so required by a Canadian court. PII includes your IP addresses. Both me and Canadian laws take your privacy pretty seriously. This however only extends to the use of this website and our sister sites (Torrentbox.com, Podtropolis.com, Ed2k-it.com). Your activity and IP address on P2P networks can be monitored by the very open nature of BitTorrent and other networks, and they have been. Download/upload activities on such is outside of our control or operation. This applies to the use of any P2P network, regardless of which website you use in conjunction. You are responsible for your use of technology, as always, and you have been warned.

Posted: Sun Jun 10, 2007 7:02 pm

Even though isoHunt isn't physically in the United States, how can their courts order involuntary logging?

Bill of rights: AMENDMENT XIII wrote:

Bill of rights: Neither slavery nor involuntary servitude , except as a punishment for crime whereof the party shall have been duly convicted , shall exist within the United States, or any place subject to their jurisdiction.

There has been no " conviction "!

Isn't the MPAA court action taken to benefit themselves? Surely the Bill of Rights would not accept such an order?

Wikipedia wrote:

Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion.

Under the Canadian charter of rights and freedoms:

Quote:

8. Everyone has the right to be secure against unreasonable search or seizure.

Quote:

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

So, if the USA tried to enforce what I see is an unreasonable request to log anything that has never been logged before, surely Canadian courts would be able to intercede against any orders made to do so?

Posted: Sun Jun 10, 2007 11:32 pm

Some think prevention rather cure. its not an easy answer but its an answer!
For all those that are worried, the steps you can take. Follow this link.
http://www.isohunt.com/forum/viewtopic.php?t=60202

And enable encryption in your clients.

Posted: Mon Jun 11, 2007 3:05 am

There is no conviction. The MPAA lawyers are compelling collection of as much information as possible for "evidence". What is reasonable and well, lawful is what's at debate.

Posted: Tue Jun 12, 2007 1:04 am

Hey guys, I've been using this site for about a year and I just registered to say how much I love you guys for your hard work and sacrifices... and for the big pair you have for going up against the 'man' and sticking it up to him.

Hope all those lawsuits and stuff never gets anywhere; appreciate the privacy matter and for the site in general.

BTW, I had one incident where my internet provider cut my connection, when I called they said I had downloaded a certain 'series' and I had to delete it in order to get their service again; they have a 3 strike policy before they bring the police and stuff. Is there any way to prevent that kind of thing from happening again? because I felt my pravicy was severely abused (not to mention jail time sucks =p)

peace guys. Keep it up.. as soon as I can donate I shall

Posted: Tue Jun 12, 2007 2:30 am

You may find this thread of some use to you.
http://isohunt.com/forum/viewtopic.php?t=74319&highlight=peerguardian

Posted: Tue Jun 12, 2007 5:36 am

hi guys,
ive been a member here for nearly 12 months and i think everything that has been accomplished here,you guys truely deserve it all...
Just wondering what powers these MPAA guys have in other jurisdictions such as OZ and if they can impose warnings/bans from our ISP's??
If you guys need funds to fight these asswipes then im willing to donate !!
Please keep us in the loop of things, because im sure there are alot of users here who feel the same way....
Cheers !

Posted: Tue Jun 12, 2007 8:35 am

Omega50 wrote:

You may find this thread of some use to you.

You are the man, thanx bro, long live Isohunt!

Posted: Thu Jun 14, 2007 5:45 pm

Just out of interest, why the need to store any personalised information anyway?

Lets assume that someone does knock down the door someday, wouldn't that be handing- well 9536 users info on a nice shiny golden platter?

Just a thought.....

Posted: Mon Jun 18, 2007 9:09 am

in the UK once a TV show has been transmitted via a non-encrypted service, the copyright is no longer valid.

also, under a european law that came into effect this year, it is only copyright theft if the act was committed to make a profit so no profit, no crime.

Posted: Mon Jun 18, 2007 9:59 am

Under the Canadian charter of rights and freedoms:

Quote:

8. Everyone has the right to be secure against unreasonable search or seizure.

i h ope you understand thatn the patriot act forfeits these rights.. and lots more..

did you know that none of the voting parties read the bill before they signed it ?

en.wikipedia. DOT ORG /wiki/USA_PATRIOT_Act

so.. they could extend to say you could be trasnmitting encrypted documents that are a threat to the national security.. sinc ehtey dont knwo wahts in them...

and bang.. gantanamo beach for a few years...

FEAR the control of the money in this world, because power is money , and money is control..

Search for Iraq.For.Sale.The.War.Profiteers

and open your eyes..

Posted: Mon Jun 18, 2007 12:05 pm

Firstly I would like to say that I've always felt safe with Isohunt.

Triplef wrote:

Under the Canadian charter of rights and freedoms:

Quote:

8. Everyone has the right to be secure against unreasonable search or seizure.

i h ope you understand thatn the patriot act forfeits these rights.. and lots more..

did you know that none of the voting parties read the bill before they signed it ?

en.wikipedia. DOT ORG /wiki/USA_PATRIOT_Act

so.. they could extend to say you could be trasnmitting encrypted documents that are a threat to the national security.. sinc ehtey dont knwo wahts in them...

and bang.. gantanamo beach

Last time I checked US law didn't apply to Canada. You would still have to have a trial and they would have to present evidence of the encrypted documents. And I'm pretty sure that 3 copies of Soul Plane won't compare to information that compromises safety. The Fed isn't the threat its the MPAA bastards.

Posted: Tue Jun 19, 2007 4:33 am

lalupa wrote:

in the UK once a TV show has been transmitted via a non-encrypted service, the copyright is no longer valid.

also, under a european law that came into effect this year, it is only copyright theft if the act was committed to make a profit so no profit, no crime.

Can anyone confirm this to be true??

WULF_UK wrote:

Just out of interest, why the need to store any personalised information anyway?

Lets assume that someone does knock down the door someday, wouldn't that be handing- well 9536 users info on a nice shiny golden platter?

Good question, any response from you guys? Keep up the good work and good luck fighting these arseholes.

Posted: Wed Jun 20, 2007 6:00 pm

IH wrote:

Since the topic of privacy has risen regarding the use of isoHunt.com, sister websites and our lawsuit brought against us by the MPAA, here's a motion we filed in regards to logging of your personally identifying information (PII) and activity:

Server Log Data Motion Fung Declaration -FINAL4.pdf

In light of our simple yet to the point Privacy Policy, none of your PII has ever been made available to a third party, and never will be unless so required by a Canadian court. PII includes your IP addresses. Both me and Canadian laws take your privacy pretty seriously. This however only extends to the use of this website and our sister sites (Torrentbox.com, Podtropolis.com, Ed2k-it.com). Your activity and IP address on P2P networks can be monitored by the very open nature of BitTorrent and other networks, and they have been. Download/upload activities on such is outside of our control or operation. This applies to the use of any P2P network, regardless of which website you use in conjunction. You are responsible for your use of technology, as always, and you have been warned.

I read over the declaration; had a few thoughts; perhaps you and your lawyer have already discussed this, perhaps not:

-Countersue for "irreperable damages" to IsoHunt's and it's affiliates' reputation among the online community by needlessly escalating this to a lawsuit, in spite of IsoHunt's numerous wishes and multiple attemts to resolve this without legal intervention; that has resulted in the loss of thousands of dollars in advertising revenue; and
-complying with these wishes would even further damage IsoHunt's exemplary reputation in the eyes of its users; and loss of said reputation, which is paramount in maintaining the site (through advertising revenue and donations), would ensure the site's timely demise. In light of the above, the cost and time it would take to begin and maintain the recording all this information would be an immense undertaking that neither you nor the volunteers have the time for building and maintaining such a database; and further, using the current server hardware to do so would be against the intents of the users who contributed money and time to this site to make it what it is; also attemting to do so would put IsoHunt and it's affiliates in danger of other lawsuits from other users who did not contribute money to a group interested in spying on its benefactors.
-Also, should IsoHunt comply, they would be subject to lawsuits for violating the privacy of countless users who have not used the service to downlad any questonable material.
-And ask, that if the court should find IsoHunt guilty by assoctiation for being a torrent aggregator (which, by the very nature of torrents, do not themselves link to any illegal material, only to other users), that the court to order the MPAA, if their true interest is fighting piracy, that they must further pursue all like services (Google, Yahoo, Microsoft) for providing links to not only this website, but also directly to torrents which can be used to download infringing material.
-Perhaps point out that there is no way, should the MPAA gain this IIP data, that they could determine whether or not the supposed infringing IPs did not already own the movies that they were downloading (ie, the users simply did not want to have to learn how to, or have their computer running for hours to compress the DVD video into a digital format for personal, legal, portable use on, say a laptop)

Just some ideas; but I'm not a lawyer.

Posted: Thu Jun 21, 2007 1:22 am

Reading this thread.. and enjoying all your comments, I wondered on something.... it occurred to me, if IH is being sued.. I really hope MPAA think that they can use the donations as a form of income? whence a crime against him in any way!! coz If they screw with him! they screw with us!...Not singular plural..better take out against all of us... The defence is for the defence.. just thought Ide add that. Twisted Evil

ps: that came from lalupa's comment on UK law, thanks by the way I didnt know that but can you link to verify what you say?