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March 22, 2006

Comments

Brian

Not to mention that generally, this is CIVIL law and the presumption of innocence applies to CRIMINAL law. (Kiddie porn is a bit different, obviously, but these people are generally referring to copyright infringement and other civil matters.) This kind of stuff bothers me because some people have this modicum of legal knowledge and are now suddenly waging a legal holywar because they saw an episode of The People's Court.

While I agree that technology may be difficult to keep up with, there's the old saying, "ignorance of the law is not an excuse." Go spit out your chewing gum in the streets of Singapore and see how much sympathy you get. Plausible deniability only goes so far ... I think there's a reasonable expectation that people educate themselves and take at least some precautions to avoid being put in these situations to begin with.

Carson

Well the problem is that what you're suggesting assumes technical sophistication on the part of everyone owning a router. It's not the lazy techie who doesn't secure his network that needs the legal consideration, it's my neighbor who's vocation is working on cars, not computers. Who bought his router at Best Buy, plugged it in and doesn't even know enough to know he should lock it down. Then he gets arrested because my other neighbor hijacks it to upload kiddie porn. I agree with the dude you quote, that's freaking stupid.

Brian

I hear ya, but, does your car's owner's manual tell you to lock your car to prevent theft? (OK, dumb analogy that can be taken too far.)

If the non-technical buyers can't be expected to secure their network, then it should come that way by default. (There's a big banner down the hall from me: Secure by Default. Maybe it wasn't the norm 5 years ago, but it has to be today.) The fact is, if all authorities have to go on is an IP that links to your router, then that's where they'll start investigating.

On another note: Carson, you need new neighbors.

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