View Full Version : Okay , Help, I Got a letter from my ISP about downloading torrents
I posted this in SG, but I suppose I'll get better responses, and I've got more news.
Basically a letter came in the other day my mom gave me and it was from the cable company saying that they got a letter from the ESA or something saying I have illegal uploaded or downloaded a game under their license, and they sent them time, proof of me doing it, and etc.
They said to contact me, stop me from doing the activity, and take whatever actions under their rules of service including termination of account under repeat offenders.
Well sure enough I wake up the next day and the internet is flat shut off. My mom makes me all paranoid and I back up all the shit I've downloaded over the years on my 500 gig backup and take it with me. I formatted all 3 computers before I left to come to spend a few days with my girlfriend to get online and sort some shit out.
I'm getting one of those shredder programs to continually delete the drive clean so its harder to get information off, but is there anything else I should be doing to cover tracks? What are my odds of legal action being taken against me if I'd downloaded like 300 gigs worth of stuff over the past like 4 years?
Most of the time I would just blow this off, but since they have cut off my internet I'm getting kind of worried.
Numberjumbo
2008-10-20, 07:28
Thermite your HDD.
You might also do well asking for advice in the law forum. I don't know much about piracy laws, but I think the following is pretty much true:
Your cable provider probably shut it off to avoid conflict with the company. The company probably won't sue you, but just wanted you to cut the shit out.
It's very improbable that the police will show up at your house and request your hard drives - they've got plenty of real crimes to attend to. The worst that could happen is that they sue you for downloading that one thing that they have evidence of - which is still pretty unlikely. They'll probably leave it at disconnecting your service.
Also, it seems obvious that the company doesn't know who you are - that's why they had your cable company contact you. So your cable company hasn't given you up yet. If you're a repeat offender, the cable company might get a subpoena, but that also seems kind of unlikely.
There's little point in covering your tracks as they obviously know your address and know that illegal software was delivered to that address via a monitored connection... The fact that they have evidence of you downloading / uploading content, but won't find it at your residence is only a minor detail - not a saving grace...
In the unlikely event that they choose to pursue the case - I would move the computer into a living room or kitchen where you can make the argument that the computer was accessible to anyone that ventured into the household. If it's in your bedroom and contains your files and you darling mother says you're the only one she sees using it then you might have a problem.
I don't understand the full extent of the laws but we are in the era of the patriot act and you can almost be sure that the ESA has to prove very little. They got your connection shut off without you even having a chance to plead your case....
Prometheum
2008-10-20, 23:51
It's most likely the ISP that's pulling your plug. Not the company. They're just worried about violation of their contracts, nothing more.
But get a lawyer just in case. EFF knows good ones.
enkrypt0r
2008-10-21, 02:39
Just for future reference, what ISP were you using?
Thanks for the replies guys.
The ISP is Charter. They have been good to me up until this point. Still much shittier than Time Warner though, I'm just like 1 street down from their service.
My mom was going to pay their bill today and ask them what was up to see if we could get it cut back on. I have online classes and shit that would be really tough to do with no internet.
I'm guessing they already see me as a repeat offender considering in the letter they said to remove the contents and if it happens again they will cut it off. Well I was downloading the DAY OF the letter, and the day after I received the letter the internet went out.
Thats a good idea about the computer in the living room, but I just live with my mom. She's already on my side about saying whatever it takes because she doesn't want to end up paying hundreds of thousands because of me. So I could just say I don't know much about computers but I have friends coming in and out all the time on them.
Then when I say I saw the letter I got scared and got them to erase everything because I had seen people get sued on TV and didn't want to be like them.
Jaguarstrike
2008-10-22, 07:21
If youre in the good ol US of A then they cant even look at your HDDs until they sue you and the judge says you have to comply.
Also, tell your ISP you have a wifi network which may have been the source of the offending traffic and send them a copy of this: http://dmca.cs.washington.edu/
Angry Blue Bird of Death
2008-10-25, 15:40
You're ISP is a bitch, get a different one.
enkrypt0r
2008-10-25, 16:05
Charter? Awww man, that's what I've got. Well, at my dad's, at least. My mom's got frontier, so luckily only half my P2P traffic is coming from charter. Well, while I'm at my mom's I usually jump on the neighbor's wifi because it's faster, really, my downloads are split up pretty nicely. Hopefully I'll be alright...
Like a previous poster said, claim someone's been using your wifi illegally, and it was probably them.
kenshiro_kid
2008-10-25, 21:26
I'm not sure how the company found you since ISP's aren't allowed to leak logs (yet). Do you live in sweden? -_^
antonio123
2008-10-27, 08:10
Basically if they say there sueing you DONT FIGHT ITTTTTT
If you just give in you will have to pay but it will be around $3,000 which in almost every case is the amount they pay.
About the internet situation since you were cut off I would wait maybe a month or so than just change providers and don't pirate for a long time.
Out of curiosity, roughly how much did you download per month?
This happened to a few of my friends, their ISP sent them the same letter as you, then cut off their internet. When they finally got back on, their connection was throttled for 16 hours a day(roughly). No legal action was taken.
Like a few posters have said, claiming that a neighbor could have been using your wireless is your best bet.
If in the unlikely event that they check your machine(s), then having them all totally wiped will look pretty suspicious. Just find whatever games/cds you legally own, and install them. Populate it with some family pictures, documents etc. Unsecure your wifi, and fill your computer with viruses. Make it look like you could have been the victim of a virus, someone using your connection to download illegally.
antonio123
2008-10-27, 12:41
Out of curiosity, roughly how much did you download per month?
This happened to a few of my friends, their ISP sent them the same letter as you, then cut off their internet. When they finally got back on, their connection was throttled for 16 hours a day(roughly). No legal action was taken.
Like a few posters have said, claiming that a neighbor could have been using your wireless is your best bet.
If in the unlikely event that they check your machine(s), then having them all totally wiped will look pretty suspicious. Just find whatever games/cds you legally own, and install them. Populate it with some family pictures, documents etc. Unsecure your wifi, and fill your computer with viruses. Make it look like you could have been the victim of a virus, someone using your connection to download illegally.
NO CLAIMING YOUR NEIGHBOR DID IT WILL NOT WORK!!!
They have your IP address, ISP, proof you downloaded something if you fight them you risk paying HUNDREDS of thousands.
IF YOUR CAUGHT your caught man. Dont fight them just man up and pay the 3k fine seriously what happens if your neighbors end up being old ppl with no internet? your whole life is ruined and you will set a HUGEEE example for lots of people.
Lt_Flippy
2008-10-27, 12:50
this is why I use rapidshare
a small monthly fee < getting sued
KeepOnTruckin
2008-10-27, 23:31
NO CLAIMING YOUR NEIGHBOR DID IT WILL NOT WORK!!!
They have your IP address, ISP, proof you downloaded something if you fight them you risk paying HUNDREDS of thousands.
If you have unsecured wi-fi, anyone who was connected to it could have done the downloading. The ISP or anyone on that side of the router does not know which particular computer did it.
As it is difficult for the average user to secure their connection, it is a reasonable excuse
NO CLAIMING YOUR NEIGHBOR DID IT WILL NOT WORK!!!
They have your IP address, ISP, proof you downloaded something if you fight them you risk paying HUNDREDS of thousands.
IF YOUR CAUGHT your caught man. Dont fight them just man up and pay the 3k fine seriously what happens if your neighbors end up being old ppl with no internet? your whole life is ruined and you will set a HUGEEE example for lots of people.
The only thing they have proof of is that a file was illegally downloaded through that connection. If the network is unsecured, then anyone who came in range of it could have been the one that downloaded the file. If his computer shows no signs of illegal activity, nor does his house/any drives they find, then they do not have sufficient evidence to make a charge.
"what happens if your neighbors end up being old ppl with no internet?" If they had no internet, it would be a bonus you idiot. All the more reason for them to leech onto his unsecured connection.
KeepOnTruckin
2008-10-29, 00:08
it could even be some schmo wardriving around downloading stuff.