Re: IP address

"zan" <naz@xxxxxxx> writes:
I am Being sued by the music industry for allegedly distributing
music through kazaa

Well, did you?

I am representing myself do to the outrages cost of a lawyer that I
cannot afford.

Surely you've head the saying that the man who choses to represent
himself in court has a fool for a client. It's time to get creative.

Have you considered beating the bushes for a lawyer who'd like nothing
better than to kick the RIAA's litigation-happy ass back into the
stone age, and might take your case pro bono to make a name for him or
herself? There have got to be tons of such lawyers out there wanting
a good defendant to beat the snot out of these weighty bastards on
this ridiculous practice of suing their customers without a true
"preponderance of the evidence."

Also, I imagine you've got the battle that the RIAA needn't prove the
the criminal standard of "beyond a reasonable doubt," but instead,
just needs to show "a preponderance of the evidence."

I plan to use the defense that :

. An Internet Service Provider (ISP) such as RCN has no way of proving an
identity of a computer
system unless they use an authentication based protocol such as PPP/OE for
connectivity.

Flimsy at best. If it's a cable modem, they can be reasonably sure
what residence is doing it, but cable modem MAC addresses can be
spoofed too, and a malicious user can spoof a cable modem MAC address
and operate looking like another customer.

There's also still the possibility of a malicious attacker hijacking
your computer.

You're going to not only develop sterling knowledge of all the
possible ways someone could be "framed" by an attacker, but also be
able to explain these to a jury of your peers...and the bad news is
that explaining technical topics to the everyman is nearly impossible
even for an experienced, charismatc, sharp litigator.

In the event have an authentication based protocol is used, a
computer can only be truly identified if logs are kept by the ISP
that clearly states: The time of the login, The User ID that logged
in, the MAC Address of the computer that logged in as well as the IP
Address. Even if these logs are adequately maintained by the ISP
there is still a possibility that a hacker or malicious user could
of taken control of the machine and performed the login.

True. But then get ready for getting beat up regarding negligence for
you not securing your computer system.

. ISP's typically provide "dynamic" IP addresses (also known as
DHCP) which change from time to time. On a cable modem or DSL
network this means that one day an IP Address may belong to
Household A, and the next day (or hours late) it could belong to
Household B.

That is true. But surely the ISP logs that I assume the RIAA is
basing their claim on include who and when a given IP is shown.

. IP Addresses can be faked or "spoofed"

True. But if you spoof an IP, the response goes back to that IP, and
unless you've got the ability to sniff an intervening segment where
that traffic is going, the attacker won't be ableto make use of that
effectively and consistently.

. MAC addresses, while hard coded into a network interface cards (aka,
network card, aka wireless
cards) can be altered using utilities that are readily available via the
internet.

True. But you need a more complete picture than that.

. Computer hackers use unprotected computers that are connected to the
internet as platforms for
storing illegal content such as pirated software, mp3's, porn, and other
inappropriate materials.

That's correct.

. Wireless routers that are purchased at retail stores such as Best Buy and
Circuit City are "open' by
default. This means that any individual with a wireless enabled PC can
access the internet through
the wireless router if not properly secured.

Correct, but it's not clear if it's applicable in your case.

. Remote Desktop is a feature of Windows 2000 and Windows XP that allows
remote control over a
PC from the internet. If this feature was enabled and no passwords were
defined, any individual
could connect

On cross, they'll say "If you were dumb enough to enable it, true."
and then be ready for negligence claims.

If these statements are put into yes or no question form and asked of the
plaintiffs expert witness what response should / would be received

Have they confiscated your computer? What evidence are they alleging
against you?

--
Todd H.
http://www.toddh.net/
.