Wouldn’t things like torrenting records and “movie piracy websites” used fall under fifth amendment protections? They’re being asked to provide a record of the piracy they’ve committed.
I can’t speak to that, but a lot of the information the article says they are looking for they couldn’t find via reddit. They’d have to compel Mr. S personally to get a lot of this stuff:
All written communications with RCN concerning piracy from Oct. 1, 2017 to the present.
Payment records to RCN from Oct. 1, 2017 to present.
All personal computing records pertaining to usage of BitTorrent from Oct. 1, 2017 to the present.
All social media account usernames used including for Reddit, Twitter and Facebook January 1, 2016 to present.
All Reddit posts and messages from Jan. 1, 2016 to the present
Records of all movie piracy websites (including but not limited to YTS, 1337x, RARBG, Torrent Galaxy, The PirateBay) that were used at your Internet service.
…and who the hell keeps personal computing records of anything, let alone when a particular protocol is used? “Mmm-hmm, yes, let me just write this down, February 20, 2024, 14:28 US CST, used BitTorrent to torrent all of the bits.”
Lawyers would fight it, but it would probably boil down to “No such records exist”. But they aren’t looking for your personal records- this would be your browser history, connection logs, that sort of thing. Which means your PC(s) could be seized as evidence to extract any relevant info.
I have never visited any of those sites and my only social media is the reddit account you have. Sorry I can’t provide logs because 1. I never did those things and 2. My browser clears all data on close. Also, BitTorrent is a legal software to use, I use it to download Linux distros. If you would like my payment and communication records with RCN, you will need to subpoena them to have the records handed over. Anymore questions, movie people?
No, the fifth amendment says no person “shall be compelled in any criminal case to be a witness against himself”. Anything you’ve voluntarily said on reddit is fair game. (And this is a civil case anyway.)
They are asking for records of the redditor using and downloading from public trackers.
This basically incriminating themself when revealing the information.
I’d argue that would come too close to it. Though I am no lawyer.
You’re not protected against evidence you’ve created. I quoted the actual text of the amendment for a reason. You can absolutely incriminate yourself by creating evidence of a crime, but you cannot be compelled to be a witness against yourself.
Wouldn’t things like torrenting records and “movie piracy websites” used fall under fifth amendment protections? They’re being asked to provide a record of the piracy they’ve committed.
I thought Reddit was down to just sell data to whoever was willing to pay for it. Where do 5th amendment protections fall under that circumstance?
I can’t speak to that, but a lot of the information the article says they are looking for they couldn’t find via reddit. They’d have to compel Mr. S personally to get a lot of this stuff:
…and who the hell keeps personal computing records of anything, let alone when a particular protocol is used? “Mmm-hmm, yes, let me just write this down, February 20, 2024, 14:28 US CST, used BitTorrent to torrent all of the bits.”
Lawyers would fight it, but it would probably boil down to “No such records exist”. But they aren’t looking for your personal records- this would be your browser history, connection logs, that sort of thing. Which means your PC(s) could be seized as evidence to extract any relevant info.
I have never visited any of those sites and my only social media is the reddit account you have. Sorry I can’t provide logs because 1. I never did those things and 2. My browser clears all data on close. Also, BitTorrent is a legal software to use, I use it to download Linux distros. If you would like my payment and communication records with RCN, you will need to subpoena them to have the records handed over. Anymore questions, movie people?
No, the fifth amendment says no person “shall be compelled in any criminal case to be a witness against himself”. Anything you’ve voluntarily said on reddit is fair game. (And this is a civil case anyway.)
The USSC has ruled that the 5th amendment extends to civil cases as well as criminal.
They are asking for records of the redditor using and downloading from public trackers.
This basically incriminating themself when revealing the information.
I’d argue that would come too close to it. Though I am no lawyer.
You’re not protected against evidence you’ve created. I quoted the actual text of the amendment for a reason. You can absolutely incriminate yourself by creating evidence of a crime, but you cannot be compelled to be a witness against yourself.