18 votes

What happens when telecom companies search your home for piracy

5 comments

  1. [4]
    hungariantoast
    (edited )
    Link
    Holy. Fucking. Shit. I don't want to sound all "gung-ho American" but FUCK THAT. Are you a police officer with a warrant? No? Fuck off my property or eat lead. There's no way random men are...

    The search was only supposed to go from 8 AM to 8 PM but it ended at midnight. The team copied laptops, hard drives, and any other devices they found, and demanded logins and passwords. Lackman, who called a lawyer in to represent him, was questioned for nine hours by the opposing counsel. They presented him with a list of names of people suspected of being digital pirates in Canada and asked him to snitch.

    Holy. Fucking. Shit.

    I don't want to sound all "gung-ho American" but FUCK THAT.

    Are you a police officer with a warrant? No? Fuck off my property or eat lead. There's no way random men are entering my home when I have a cat and a girlfriend to protect.

    The crew was there with a civil court order allowing them to search the place.

    Someone please educated me on the laws surrounding this. What if the owner of the property refuses them entry? Are they allowed to force themselves in? Is the owner required by law to allow them entry?

    Still, they are not criminal search warrants and Lackman did not have to let anybody into his home that morning. But it presented a legal catch-22: if he hadn’t, he would be in breach of a court order and could have been subjected to fines or imprisonment.

    “In high school you learn that if someone doesn’t have a warrant, you don’t let them into your house,” Lackman told me. “I didn’t know there was this whole other law where big companies can spend money [on lawyers] and do whatever they want.”

    About a week before the search on Lackman’s apartment, Lavoie Ste-Marie and his colleagues convinced a judge in a closed hearing that TVAddons was a site dedicated to piracy, Lackman was responsible, and any possible arguments he might make in his own defense didn’t apply. Lackman wasn’t present to defend himself, nor was he notified of the hearing

    This is easily one of the most dystopian things I have ever read.

    14 votes
    1. Pugilistic
      Link Parent
      I thought the same. The article said he would have faced repercussions for disobeying a court order had he refused to let them in, but at the same time he wasn't obligated to. It sucks because he...

      I thought the same. The article said he would have faced repercussions for disobeying a court order had he refused to let them in, but at the same time he wasn't obligated to.

      It sucks because he probably would have been better off had he refused entry and then fought the case from there. You would think that arguing an unlawful search of your home by telecom companies would hold up better in court, but then again there were those judges who deemed it lawful despite the original ruling that it wasn't.

      8 votes
    2. Pilgrim
      Link Parent
      Maybe someone can help me with an example or two, but I recall just this sort of thing happening in the early 00's in the USA, where end users were targeted.

      Maybe someone can help me with an example or two, but I recall just this sort of thing happening in the early 00's in the USA, where end users were targeted.

      1 vote
    3. BlackLedger
      Link Parent
      A more Canadian solution would be to greet them warmly with a fresh cup of coffee. If they want to use the bathroom, it will be $500,000 per use. Re-entry to the domicile is not permitted unless...

      A more Canadian solution would be to greet them warmly with a fresh cup of coffee. If they want to use the bathroom, it will be $500,000 per use. Re-entry to the domicile is not permitted unless expressly included in the court order.

      1 vote
  2. Diff
    Link
    How is this legal? I get the tech was court-authorized but it sounds like the entire event was copying all his data and invading every inch of his privacy to prevent evidence from being destroyed....

    a court-authorized computer technician took TVAddons offline and made its Twitter account with 100,000 followers private, locking Lackman out in the process.

    How is this legal? I get the tech was court-authorized but it sounds like the entire event was copying all his data and invading every inch of his privacy to prevent evidence from being destroyed. How does that enable them to reach out and then make changes, seize his property, and lock him out of his own social media accounts?

    6 votes