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ExtraTorrent.cc > Articles > Swiss Top Court Ruled Collecting IP Addresses is Illegal

Swiss Top Court Ruled Collecting IP Addresses is Illegal

Swiss Top Court Ruled Collecting IP Addresses is Illegal

Added: Friday, September 17th, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Swiss Supreme Court handed out a decision concerning Logistep AG’s case where it collected IPs of alleged file-sharers to sell them later to rights owners so that they could pursue copyright violation claims. The court ruled that such gathering is an infringement of the Swiss Privacy Act, saying that the users’ right to privacy can only be revoked in the terms of criminal proceedings.

Logistep AG is one of the Swiss-based anti-P2P outfits that have been major tools of rights owners when fighting against unauthorized file-sharing. The groups have been monitoring peer-to-peer networks and services for signs of violation and collected the IPs of possible infringers.

Their practice has been highly criticized both for the possibility to lead to false results and for the fact that spying on users and reporting their IPs to some third parties is actually an infringement of the Switzerland’s Privacy Act. This issue was reviewed in a closely watched court case by Swiss Supreme Court. The court handed out the decision that anti-P2P group named Logistep AG was acting against the law when was collecting personal data on suspected users and trying to sell this information to rights owners so that they could fight against Internet infringement. The court also pointed out that IP addresses are protected under the Swiss rather stringent privacy protection legislation, particularly if this information is being gathered for later use in criminal proceedings.

This case started back two years ago, when the Switzerland’s FDPIC (Federal Data Protection and Information Commissioner) ordered Logistep AG to stop collecting IP addresses of alleged file-sharers, ruling that the Legislature had never created any legal basis for this activity. Then, a year ago, the lower court handed out a victory to Logistep AG, but finally recent decision by the Swiss High Court reversed that ruling. The FDPIC who started all the case officially welcomed the latest federal court ruling related to Logistep. The Federal Court in Lausanne has ruled that IP addresses are in fact uniquely personal information which is covered under the country’s Privacy Act.

In respond, Logistep AG has criticized the decision, arguing that the courts in Germany and other countries sided with them because their work is proper and legitimate.

Thanks to TorrentFreak for providing the source of the article

September 17th, 2010

Posted by: 

Date:  Friday, September 17th, 2010

Comments (4) (please add your comment »)

posted by Blocked (2010-09-17 21:48:48)
menahunie avatarkinda contrary to the other article where the police acting on same type of info just raided a P2P'er..
In most countries what is being done by this "company" is illegal and called "wiretapping".

posted by (2010-09-18 01:53:29)
evilmother avatarthats what i told my internet ppl when they syopd my internet becosd i D/L d a movie that was bugd with a tracker

posted by ET junkieET loverTurtle (2010-09-18 16:19:01)
fusseltier avatarswitzerland is not germany and isnt in the EU, so it doesnt matter what other countries do.

posted by (2010-09-20 18:50:55)
evilmother avataryour rong if 1 place gets away with it more will try in the US there doing it now thats were i am
its a BS band wagon monkey see monkey do A lot of the things going on with that kind of intrapment Thing is if your getting your D/L from a swis server that law helps if your in the US thay cant give your IP to a US IP hunter

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