[Infowarrior] - TorrentSpy Closes to U.S. Users

[Richard Forno]

TorrentSpy Closes to U.S. Users
By Kim Zetter EmailAugust 27, 2007 |

http://blog.wired.com/27bstroke6/2007/08/torrentspy-clos.html

A few minutes before midnight last night, TorrentSpy began blocking US-based
IP addresses from using its search engine, says Ira Rothken, TorrentSpy's
lawyer. The move is in direct response to a federal court order earlier this
year requiring the search engine to begin logging users' IP addresses and
activity.

Last year, the Motion Picture Association of America sued TorrentSpy, a
BitTorrent search engine, for alleged copyright infringement by aiding users
in trading pirated material through file-sharing networks. TorrentSpy
maintains a privacy policy that promises users it will not collect any
personal information about them without their consent. But a judge ordered
the service to begin tracking users and hand over the data to the MPAA. She
allowed, however, that the site could mask the IP addresses of users for the
time being.

Rothken responded when the judgment first came down that TorrentSpy would
likely cut off U.S. users rather than violate its privacy policy and hand
over customer data. TorrentSpy is appealing the decision but made good on
its word last night to protect the privacy of its users by blocking U.S.
users.

"It's axiomatic that when you have a privacy policy which promises in
essence that a search engine is not going to tie personally identified
information to the searches that you do that you have the ability to honor
it and that a court cannot usurp that promise, especially when users do not
get proper notice and an opportunity to get heard," Rothken told Wired News.
"We believe that the privacy rights of users in this context are
substantially more important than issues related to secondary and possibly
tertiary copyright infringement."

As of this morning, US-based users attempting to use the search engine
receive the following message:

    Torrentspy Acts to Protect Privacy

    Sorry, but because you are located in the USA you cannot use the search
features of the Torrentspy.com website.Torrentspy's decision to stop
accepting US visitors was NOT compelled by any Court but rather an uncertain
legal climate in the US regarding user privacy and an apparent tension
between US and European Union privacy laws.

    We hope you understand and will take the opportunity to visit one of
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