First off, several courts have ruled that IP addresses do not identify a particular individual. The IP address will show someone connected to her network downloaded content illegally, but not that it was Tashiro herself. It could just of easily been a housemate, a guest in the house, a neighbor, someone walking their dog on the sidewalk in front of her house, etc… Or really, anyone in the world with an internet connection if a TOR exit point is ran on her network.

Second, above average bandwidth does not mean you pirate. There are other, legal sources for the increased bandwidth. For example, one of my professors told us the University thought he might be torrenting and shut his office’s internet connection down, but was really using some Spotify like streaming service. Netflix uses 1-2GB/hour, more if you stream in HD. If Tashiro and her housemates rely on Netflix rather than what Comcast provides for TV, a couple hours of streaming every day could show similar bandwidth use as pirating.

The judge should throw this out.