IP address

I am Being sued by the music industry for allegedly distributing music
through kazaa I am representing myself do to the outrages cost of a lawyer
that I cannot afford. 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.
.. 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.
.. 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.
.. IP Addresses can be faked or "spoofed"
.. 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.
.. 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.
.. 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.
.. 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

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

zan

"zan" <> 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/

Todd H.

On 16-Feb-2006, "zan" <> wrote:

> what response should / would be received

You are going to jail.
--
We apologize for the inconvenience

ArtDent

zan schreef:
> I am Being sued by the music industry for allegedly distributing music
> through kazaa I am representing myself do to the outrages cost of a lawyer
> that I cannot afford. I plan to use the defense that :

A Dutch politician got off the hook (she got to keep her job) by blaming
positive entries about herself on her own weblog to "spoofers".
She also blames positive entries about her on Dutch wikipedia on the
same "blackhats".

As spoofing seems indeed a piece of cake, you might want to go there.
Of course you'll need a real, motivated lawyer.

Good luck,
John

John Veldhuis

"ArtDent" <> writes:

> On 16-Feb-2006, "zan" <> wrote:
>
> > what response should / would be received
>
> You are going to jail.

If it's the RIAA suing him, nah... he'd just be bankrupt.

Civil vs criminal, etc.

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

Todd H.

"zan" <> wrote in news:kLSdnUk8Yea2H2neRVn-:

> I am Being sued by the music industry for allegedly distributing music
> through kazaa I am representing myself do to the outrages cost of a
> lawyer that I cannot afford. I plan to use the defense that :



A man who acts as his own lawyer has a fool as his client.

Regards,

nemo_outis

On Thu, 16 Feb 2006 08:44:19 -0500, "zan" <> wrote:

>I am Being sued by the music industry for allegedly distributing music
>through kazaa I am representing myself do to the outrages cost of a lawyer
>that I cannot afford. I plan to use the defense that :

They are supposed to provide you with a copy of the evidence they
plan to use.

Look carefully at the admissibility of computer records.

Have you got any children who use your computer without
supervision ?

It is on an open wireless router isn't it?

Better still try to find a sympathetic lawyer.

Let us know how you get on.

--
Jim Watt
http://www.gibnet.com

Jim Watt

On Thu, 16 Feb 2006 08:44:19 -0500, "zan" <> wrote:

>I am Being sued by the music industry for allegedly distributing music
>through kazaa I am representing myself do to the outrages cost of a lawyer
>that I cannot afford. I plan to use the defense that :
##############################################
I've read some of the responses and I'd like backup for a minute.
How much are they suing you for? You didn't mention an amount. Is it
a civil case or did they swear out a complaint against you w/ the DA?
I know a guy who works for the IRA. He works the flea markets. If
someone is selling bootleg CDs, he goes to the police and swears out a
criminal complaint. I bet the cops don't want to be bothered when
they are expecting an easy day at the flea market but that's the way
it goes. You have to be clear. Is it a civil or criminal case?

donnie

zan wrote:
> I am Being sued by the music industry for allegedly distributing music
> through kazaa I am representing myself do to the outrages cost of a lawyer
> that I cannot afford. 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.
> . 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.
> . 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.
> . IP Addresses can be faked or "spoofed"
> . 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.
> . 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.
> . 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.
> . 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
>

how about selling the house and fleeing to mexaco?
I guess you could win if you provide evidence that this malicious
activity occurred.

q_q_anonymous@yahoo.co.uk

"zan" <> wrote in message news:kLSdnUk8Yea2H2neRVn-...
>I am Being sued by the music industry for allegedly distributing music
> through kazaa I am representing myself do to the outrages cost of a lawyer
> that I cannot afford. 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.
> . 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.
> . 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.
> . IP Addresses can be faked or "spoofed"
> . 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.
> . 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.
> . 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.
> . 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
>
> If these statements are put into yes or no question form and asked of
> the
> plaintiffs expert witness what response should / would be received
>
>

I think your argument that a hacker could have been using the pc won't go
very far unless you can prove it happened. Not only would you have to prove
the pc was hacked but prove it was the hacker that downloaded the music.
Even then aren't you responsible for the security of the pc? Doesn't your
ISP expect you to take appropriate steps to safeguard your PC? Have you
done that? As the pc's 'owner' there's a certain degree of responsibility
your can't get out of. That's why businesses also get fined for the actions
of their employees.

It's your pc, your internet account ... your responsibility ... you're
screwed.

BernieM