by Ankur GargWhen you Need a BitTorrent Criminal Defense Lawyer
In today’s digital age, individuals face an ever-evolving spectrum of legal considerations and risks related to technology and the internet.
For many, the lines between what is allowed or “legal” vs what is considered a crime or punishable by law gets easily muddled.
For example, in the past, if you wanted to see a new movie, you would head down to the local movie theater. Similarly, if you wanted the latest new album from your favorite band, you had to take a trip to your local record store or even purchase it online. Wanted to see porn? You had to find your father’s stash under the nightstand.
Those days are long behind us. We live in an age when movies, music, and other media can be easily streamed right into your living room. With a quick search and a few clicks of a mouse, you can have a virtually endless library of media at your fingertips.
Not only that, “peer to peer” (P2P) protocols such as BitTorrent make this process easily accessible to even those who don’t know a lot about technology. Yet, these “programs” often open up the door to malicious intent, bad actors, malware, adware, and viruses that can discreetly leave behind or place incriminating evidence on your computer.
When this happens, you may become subject to any number of criminal or civil liabilities, investigations, and even arrests.
But you didn’t do anything wrong, right? This guide will help you explore the ways in which BitTorrent may put you at risk, and when you need the help of a qualified defense attorney like Privacy Law with experience in this field of law.
What is BitTorrent?
BitTorrent isn’t actually a “program” in the traditional sense. Rather it is a method or “protocol” that enables individuals to download files of various types that are distributed amongst a “peer-to-peer” file-sharing system. Programs that allow the user to download BitTorrent files are called “Clients”.
What makes BitTorrent unique (and popular) is that it works to distribute file sharing across all users who have downloaded (or are currently downloading) the file in question. BitTorrent divides and distributes individual pieces of the whole file in smaller units. As soon as you have one piece of the download available, BitTorrent begins to share that component with others. This is what makes the protocol so fast and efficient at helping users download files quickly, reliably and efficiently.
But using BitTorrent on any “Client” has its pitfalls, some of which are legal.
Is BitTorrent Legal?
“Torrenting” files is not itself illegal. For example, you may have a legitimate reason or need to share files to which you have the right to share. However, where things get tricky is when users share and distribute “copyrighted” content without permission. In fact, between 2010-2011 alone, over 200,000 users were sued in court for downloading copyrighted material by utilizing the BitTorrent protocol.
Use of BitTorrent reveals the user’s IP address, meaning that Internet Service Providers (ISPs) can be easily notified and issued subpoenas to disclose the customer information. This not only puts your internet service at risk of cancellation, but it also puts you at risk of costly (and sometimes devastating) lawsuits from which you may never financially recover.
But the risks don’t end with “copyrighted” material. When you download a file, you have no idea of what that file actually contains. Relying on the file’s title or description isn’t a reliable way to know what is actually within the files. In some cases, these files may contain illegal types of content ranging from terrorist propaganda to child pornography.
Once downloaded the damage is done. That file has been proactively downloaded by you, with a record on file at your ISP.
Risks Associated with BitTorrent
Despite being fast, reliable and efficient, bear in mind that all files on BitTorrent are uploaded by individual users who you have no connection with nor way of verifying. This in itself is an inherent risk.
Virus and Malware
Files acquired through BitTorrent are notoriously laced with hidden malware, adware and computer viruses that can wreak havoc on your system or stay hidden. Hidden malware may steal passwords (such as banking information) or go so far as to “employ” your computer as a “Zombie” computer, silently carrying out malicious acts such as DDOS attacks or downloading and distributing child pornography.
Copyright Laws
Even in situations where you own a movie, game or album that you legitimately paid for, you may not have the right to “share” or distribute that media. In other cases, downloading these files from others may also put you at risk of copyright infringement, potentially carrying steep fines and even jail time.
ISP Terms of Service
Although not typically criminal in nature, violations of your Internet Service Provider’s Terms of Service may put your account at risk of cancellation. This applies even if you are downloading “legal” torrents as ISPs are not in the business of determining what is, or is not, legitimate.
Difficult to Remove
Accidently download a copyrighted file, or perhaps one that (unbeknownst to you) contained what may be child pornography? Deleting the files and BitTorrent Client isn’t enough. These programs often include “persistency” protocols, reinstalling and leaving behind trace files. Such files can put you at risk of being raided by the FBI and potentially thrown in jail for the rest of your life.
When and Why you Need a Criminal Defense Lawyer
Illegally downloaded files or those that may contain illegal content which were downloaded on or installed on your computer, even without your knowledge or intent, can put you at serious risk of charges, fines and imprisonment.
Illegal Files Include but Are not Limited to Those Related to:
- The exploitation of a minor
- Child endangerment
- Child pornography
- Videos of assaults
- Photographic evidence of a crime or illegal activities
- Ransomware
- Copyrighted or intellectually protected property or material to which you do not have the rights
The legal landscape surrounding BitTorrent cases is complex and evolving. Those who may be at risk, are under investigation, have received a Cease and Desist, or DMCA claim are advised to seek legal counsel as soon as possible. The right BitTorrent criminal defense attorney can help you navigate the legal system, uncover evidence in your favor, craft a winning defense strategy, and work to help you find the most favorable outcome for your unique situation.
Despite being fast, reliable and efficient, bear in mind that all files on BitTorrent are uploaded by individual users who you have no connection with nor way of verifying. This in itself is an inherent risk.
by Ankur GargWhat You Need to Know About Intellectual Property Rights
Innovation is what drives us forward as a species.
From the seeds of innovation come miraculous inventions in medicine and technology, as well as artistical expressions and creative products that empower, inspire and provide joy and entertainment the whole world over.
Yet where innovation exists, there is always the risk of its exploitation, misuse or abuse. Intellectual property rights aid “creators” protect their work, from artistic expressions of literature, music or paintings, to inventions, products, symbols and even brand names.
Such “right” protect the owner of the intellectual property from having their creation unfairly or illegally used by others without the express permission to do so.
Understanding intellectual property rights is an important topic for entrepreneurs, business owners, and consumers alike. Knowing what types of rights may be bestowed upon certain types of properties, and what those rights may mean for you as the “owner” or “user” of the property can help you stay out of legal trouble or protect that which is yours.
Why Intellectual Property Rights are Important
Simply publishing or releasing a creative work, invention or discovery isn’t enough to protect it from infringers. These rights drive innovation and provide an incentive for individuals and organizations to create new and exciting works, with the security that their creations will be protected.
Even with proof that a creator was “first to market” or with a documented first publication date, the creator would not be necessarily granted certain intellectual property rights that would have been available had they filed for a trademark, copyright or a patent. This leaves the creator vulnerable to others “legally” copying their work or building upon it, offering it for their benefit.
Common Types of Intellectual Property
- Copyright
- Trademark
- Patent
- Service mark
Copyright
Copyright refers the exclusive right granted to the creator of a “creative work” such as art, graphics, music, lyrics, or other literary creation including but not limited to books, poems, blogs, articles, etc.
These rights give the creator the exclusive right to use, reproduce, publish, distribute, sell, or otherwise do as they please with the copyrighted work for a limited time.
Avoiding Infringement
It is easy to unintentionally copy or “borrow” from a piece of existing content when writing or creating visual works. This may lead to copyright infringement and subsequent penalties and lawsuits. Having an intellectual property lawyer like Privacy Law in your corner can mean the difference between hefty fines, a large settlement, or in egregious cases, even jail time.
Tips to Avoid Infringement:
- Remember ALL information used from papers, books, journals, news, blogs, and more need to be properly cited in your work.
- Any information that is copyrighted cannot be used without permission from the holder
- Information that is in the “public domain” or for which the copyright has expired may be used freely
- Works as part of the creative commons license can be used freely
Patents – What are They?
Patent protection covers “ideas” or inventions. If issued, a patent provides the owner with the legal and unencumbered right to prevent others from producing, selling and using the invention for a designated timeframe. These rights are granted by the federal government. In the United States, this is done through the U.S. Patent and Trademark Office (USPTO).
Those inventions that are considered to be “patentable” must be:
- Novel (i.e. unique and new)
- An “inventive” step
- Have industrial applicability
Types of Patents:
- Design (the conceptual design)
- Utility (the invention’s intended use in practice)
Patents are offered on a per-country basis, however, some countries participate in what is a “Patent Cooperation Treaty (PCT)”, allowing the inventor to apply in multiple countries at the same time.
Trademark / Service Mark
Trademark and service marks are types of intellectual property rights that are comprised of a design, expression or sign that is recognizable (trademark), or process of providing a service (service mark).
A service or trademark easily helps others distinguish the source of the service or product from that of another party. Common examples include brand names, colors, logos, and slogans.
In contrast to copyrights, trademarks do not expire so long as the mark is in “use”.
Do You Need Legal Assistance or Representation In an Intellectual Property Case or Claim?
Intellectual property laws can be confusing and difficult to navigate on your own. Whether you’re looking to protect your creation, or need representation against an infringement claim, hiring an IP lawyer that has a deep understanding of IP law is critical.
A service or trademark easily helps others distinguish the source of the service or product from that of another party.
by Ankur GargWays to Protect Yourself from Cybercrime
We live in a technology-driven world, with everything from our refrigerators to our smartphones being internet capable and connected to the world at large.
Although technology has brought about several innovations that have made our lives easier, it also is arguably the single largest threat to the public that exists in the 21st century.
Cybercrime has been exponentially on the rise with no signs of slowing down any time soon. The latest research estimates that cybercrime nets criminals over $1.5 TRILLION in profits yearly. To put that in perspective, $1.5 trillion is on par with the entire GDP of Australia.
When we think of cybercrime, we often think of “hacking”. But the ways in which cybercrime can impact you, your family or business go well beyond simple hacks.
Types of Cybercrime:
- Ransomware attacks
- Malicious encryption or deletion of data
- Malware and adware attacks
- Crypto mining, crypto-jacking
- Identity theft
- Impersonation
- Leaking or stealing data
- Manipulation of data
- Trade secret theft
- Violations of privacy
- Revenge porn
- Human and sex trafficking
- And more…
According to data from the National Computer Security Survey conducted by the United States Bureau of Justice Statistics, a 2005 survey found that out of those surveyed:
- 67% were able to identify at least one cybercrime
- 60% experienced multiple types of attacks or attempts at attack
- 11% reported cyber theft
- 24% reported security incidents
- 68% of victims sustained monetary losses
But that’s not all, according to cybersecurity leader McAfee and Symantec:
- Over 780,000 records PER DAY were stolen in 2018 alone
- 24,000 malicious apps are identified and blocked daily
- Attacks on healthcare information quadrupled
- 30% of phishing emails in the USA are OPENED
- 300 billion stolen passwords on the market
- An average of 300,000 cyber-related crimes are reported to the FBI yearly
And since then the numbers have only gotten worse. If your, your business or your family have been the victim of cybercrime, or have been unfairly accused of participating in cybercrime, contacting a cybercrime defense attorney is a critical first step in ensuring that your rights are upheld and that your name is cleared.
How to Protect Yourself Against Cybercrime
Use a Full-Service Security Suite
Your first line of defense is often the anti-virus suite on your home PC or computer. Such software provides a myriad of protections such as regular scanning of files, quarantining of suspicious code, and warnings about website or URLs that might be trying to steal your information.
Strong, Unique Passwords
We cannot stress enough the importance of using strong, unique passwords for every site you have an account on. Each site should have its own unique password. Each password should be at least a minimum combination of 10 or more characters, including a mixture of upper and lowercase letters, numbers and special symbols. Having trouble remembering all of those long funky passwords? Consider using a password manager such as LastPass.
Keep Software Updated
Software updates aren’t just about performance and updated features. Many software updates include patches for security vulnerabilities or exploits. It is common for hackers to scan for and identify systems using outdated versions of software to attack.
Manage Social Media Settings
Social media is a key target for malicious actors. Information from your profile, pictures, and more can all aid them in phishing attempts, impersonation, and password recovery from other websites. Lock down your profiles so that ONLY your friends can see your personal information.
Turn On 2-Factor Authentication
Two-factor authentication is supported by most major companies. This feature allows you to require that a text message with an authorization code be sent to you before gaining access to sensitive accounts such as your bank account. You will be texted every time someone (including you) attempts to log in. You will be sent a code that will need to be inputted in order to gain access to the account, even if the password was correct.
Only Visit and Click on Trustworthy Links and Sites
Use good judgement and stick to those sites that are trustworthy and reputable. When it comes to clicking on links, especially in email, consider visiting the site directly from your address bar or by searching Google (in the event that you have concerns).
Strengthen Your Home Network
Update the password on your Wi-fi. Consider using a VPN that encrypts all communications across your internet service provider.
Closing Thoughts
With cybercrime on the rise, and with the stakes so high, we all need to do our part to protect ourselves, businesses and families from digital threats. By following the steps in this guide you can easily increase cybersecurity, reduce risk and sleep a little bit easier at night.
Update Your Passwords Often!