In 2005 the FBI shuttered EliteTorrents, a popular ‘private’ BitTorrent community that came to a sticky end after making available a pre-release ‘workprint’ copy of Star Wars Episode III. By 2010 the agency was focusing its resources on Operation in Our Sites, an initiative which closed down several domains including the notorious NinjaVideo. Then two years ago the FBI played a key role in the closure of Kim Dotcom’s Megaupload.

While few would doubt the gravity of the cases highlighted above, it may come as a surprise that in addition to commercial scale infringement, the FBI also views unauthorized personal copying as a serious offense. While it may not actively pursue individual pirates, it doesn’t want them in-house.

Monday this week Sacramento State‘s Career Center welcomed the FBI for a visit concerning recruitment of students for its paid internship program. One of the topics discussed were historical actions that could exclude applicants from the program.

In addition to drug use, criminal activity and even defaulting on a student loan, students were informed that if they had illegally downloaded content in the past, that could rule them out of a position at the FBI. It appears that to the agency, downloading is tantamount to stealing.

While some students might be tempted to tell a white lie or two about their piracy experiences during their initial interviews, that appears to be a dangerous course of action. All responses are recorded and sent to a polygraph technician and if the student fails the lie detector test they are excluded from the FBI forever, even if they tried to cover up the smallest thing.

But what if applicants have a bit of personal piracy to hide, but choose to tell the truth? Information is limited, but a 2012 posting on 911JobForums by a rejected applicant reveals that while honesty might be the best policy, it can be enough to rule someone out of a job.

“My reason for posting this is to help give fair warning to those who don’t think pirating copyrighted information from the internet will trip them up later on. While I sometimes ask myself what might have been, I can honestly say I gave it my best shot,” the poster explains.

“I had downloaded songs while at college 10 years prior (300+) and a few recently (<20). I had an illegal copy of Windows XP in my possession and 10 years ago had watched fewer than 8 pirated full-length movies which I had downloaded then promptly deleted. I had copied a Redbox DVD to my iPod I wasn't able to watch before returning but then promptly deleted the movie after watching once."

According to the student-run newspaper The State Hornet, the FBI are interested in the amount of illegal content applicants have downloaded, so it’s possible that people downloading very small amounts might be shown leniency.

Those interested in how the polygraph procedure itself works can find details of the equivalent CIA test here. Interestingly the writer has a tip for former pirate students.

“[The CIA] were concerned mostly about crime, drugs, and misuse of technology systems. Downloading music, though it is illegal, does not disqualify you. Most people especially college students did this, just pretend you didn’t know that it was illegal,” he notes.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

So, when a Pirate Bay-related Freedom of Information request was sent to Homeland Security’s National Intellectual Property Rights Coordination Center, we expected to see letters from the major music labels and Hollywood studios. Interestingly that was not the case.

Late June Polity News asked Homeland Security to reveal all information the center holds on the notorious torrent site. Earlier this week the responses were received, mostly consisting of requests from individuals to shut down The Pirate Bay.

In total the center received 15 emails, and all appear to have been forwarded by the FBI, where they were apparently first sent. Some of the emails only list a few pirate site domains but others are more specific in calling for strong action against The Pirate Bay.

“Why don’t you seize all THE PIRATE BAY domains? Starting with thepiratebay.se. You have no idea how much good that would do to writers, artists, musicians, designers, inventors, software developers, movie people and our global economy in general,” one email reads.

The emails are all redacted but the content of the requests sometimes reveals who the sender might be. The example below comes from the author of “The Crystal Warrior,” which is probably the New Zealand author Maree Anderson.

“The Pirate Bay states that it can’t be held responsible for copyright infringement as it is a torrent site and doesn’t store the files on its servers. However the epub file of my published novel The Crystal Warrior has been illegally uploaded there,” the email reads.

The author adds that she takes a strong stand against piracy, but that her takedown notices are ignored by The Pirate Bay. She hopes that the authorities can take more effective action.

“Perhaps you would have more luck in putting pressure on them than one individual like myself. And if you are unable to take further action, I hope this notification will put The Pirate Bay in your sights so you can keep an eye on them,” the author adds.

Most of the other requests include similar calls to action and appear to come from individual copyright holders. However, there is also a slightly more unusual request.

The email in question comes from the mother of a 14-year-old boy whose father is said to frequently pirate movies and music. The mother says she already visited an FBI office to report the man and is now seeking further advice. Apparently she previously reached out to the MPAA, but they weren’t particularly helpful.

“MPAA only wanted to know where he was downloading and could not help. I ask you what can I do, as a parent, to prevent a 14-year-old from witnessing such a law breaking citizen in his own home?” the mother writes.

“It is not setting a good example for him and I don’t think that it is right to subject him to this cyber crime. Devices on websites used: www.piratebay.com for downloads and www.LittleSnitch.com so he won’t be detected. This is not right. Any help would be appreciated,” she adds.

All of the revealed requests were sent between 2012 and 2014. Thus far, however, the Department of Homeland Security nor the FBI have taken any action against the Pirate Bay.

Whether the pirating dad is still on the loose remains unknown for now, but chances are he’s still sharing music and movies despite the FBI referral.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

The cable, dated 17 December 2008, was published by Wikileaks this week and reveals details on a piracy workshop the U.S. Government organized in the country.

In the cable Ambassador Taylor writes that the workshop was paid for by the Bureau for International Narcotics and Law Enforcement Affairs, which allocated $125,000 to educating Ukrainian authorities on piracy. About 30 local police officers with experience in computer/internet cases were participating .

A topic high on the agenda during the meeting was the fact that many large torrent sites are hosted in Ukraine. Matthew Lamberti of the Department of Justice named the example of Demonoid, a large semi-private BitTorrent tracker that started renting servers in the country early 2008.

“Lamberti noted that earlier this year one of the world’s biggest pirate websites had moved to Ukraine, and that the founder of the site had stated that he was looking for a ‘suitable’ home after being pressured to leave several other countries, including the Netherlands, Canada, and Malaysia. Lamberti cautioned that Ukraine might become a haven for pirate sites if it did not step up enforcement efforts,” the ambassador writes.

However, stopping these sites from renting server space is easier said than done, as Ukrainian authorities don’t have the legal means to do so.

“Representatives have argued that Ukrainian law does not give law enforcement officials clear authority to shut down such websites, although sometimes ISPs can be persuaded to do so,” the ambassador notes.

Aside from these warnings the workshop also explained how private BitTorrent trackers in the U.S. and U.K. were effectively shut down. Kiffa Shirley from the FBI’s Cybercrime Fraud Unit used the example of EliteTorrents, one of the largest BitTorrent communities that was raided during the summer of 2005.

“Shirley gave a detailed briefing on the different kinds of websites that engage in internet piracy and the technology they employ. He also described the investigative steps he and other FBI agents took to investigate elitetorrents.org, a pirate website based in the United States that was known for its extremely fast illegal downloads,” we read in the cable.

Mumith Ali from the music industry funded anti-piracy group IFPI explained how they busted the music oriented BitTorrent tracker OiNK in 2007.

“Ali provided participants with strategies and best practices based on his experiences investigating some of the biggest pirate websites in Europe, including a UK-based private pirate website with 180,000 members notorious for offering illegal downloads of pre-release music albums. Prosecution of the owner of the site is currently pending in English Crown Court,” the ambassador summarizes.

Interestingly enough, it later turned out that one of the main reasons why no torrent admin has been found guilty in the UK is because of IFPI’s involvement. Since the police relied heavily on information provided by industry-funded groups like IFPI, the courts doubted the objectivity of the investigations against both FileSoup and OiNK.

Among other things, the IFPI employee introduced the Ukrainian cyberpolice to several investigative tools they use to spy on BitTorrent communities, including the packer sniffer application Wireshark.

“Moreover, Ali gave a live demonstration of how people download illegal works from pirate websites. Ukrainian participants were particularly interested in Ali’s description of a free computer program called ‘Wireshark’ used by IFPI to investigate pirate sites; we are following up with the Ministry of Interior to provide more information on this program.”

There is no doubt that the 30 computer experts of the Ukrainian police force have learned a lot during the workshop. However, it is doubtful whether the tens of thousands of dollars in U.S. tax payer money will have much of an effect. Apparently, there are bigger problems in the local police force that have to be dealt with first, as the ambassador notes at the end of the cable.

“Unfortunately resource issues will continue to hamper enforcement efforts. For example, several police officers from the regions complained privately that they did not have access to the internet in their workplace,” he writes.

Bummer.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Duc Do, was found guilty of uploading the movies Harry Potter and the Prisoner of Azkaban, The Flight of the Phoenix and King Arthur to a seedbox, for the benefit of the site’s members

Unlike previous defendants Scott McCausland and Grant Stanley, Duc Do escapes a jail sentence. Instead, after pleading guilty to conspiracy and copyright infringement charges, the former Drexel University student was given 3 years probation, a $15,000 fine and 400 hours of community service.

According to prosecutor Floyd Miller, Duc Do wasn’t as dedicated as other uploaders on Elite: “They threatened to kick him out of the organization because he wasn’t uploading as much as some of the other pirates were doing,” he said.

However, despite escaping jail, the future doesn’t look immediately bright for Duc Do. After getting a degree in computer science from Drexel University, he later landed a job at the worlds largest defense contractor, Lockheed Martin, developing military war-games. This conviction means that Duc Do will have to resign from his job.

Other convictions in the case include those of Daniel Dove who was recently jailed for 18 months. Site admin Grant Stanley, then aged 23, pleaded guilty to the same offenses as Scott and received the same sentence and a $3,000 fine. Other admins and uploaders who also pleaded guilty include Sam Kuonen, then aged 24, and 22 year old Scott D. Harvanek.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

The page was so crude that it gave the tens of thousands of worried users a little relief – if the FBI was really behind the shutdown they would’ve made a better job of the page design than this, surely? The conclusion I reached along with many others was that this was the work of hackers. Site staff reported that the DNS had been hacked, which at the time was actually relatively good news, as reports started to come in that the site now traced to the Department of Homeland Security.

For many sci-fi fans the site downtime was really badly timed, as they (and just about everyone else) were desperate to get on the site to get the leaked ‘ViSA‘ workprint copy of Star Wars: Episode III. But as time passed you could feel the mood change. Most people knew deep down something was wrong but just didn’t want to admit it. Operation D-Elite had been and now EliteTorrents was gone.

When the confirmation came, it did so via a notice in the site’s IRC channel: “A few of the admins have been raided by the FBI, sorry, but ET [EliteTorrents] is now closed”, closely followed by an announcement by Acting Assistant Attorney General John C. Richter of the Criminal Division, Homeland Security Assistant Secretary for Immigration and Customs Enforcement Michael J. Garcia, and Assistant Director Louis M. Reigel of the FBI’s Cyber Division:

This morning, agents of the FBI and U.S. Immigration and Customs Enforcement (ICE) executed 10 search warrants across the United States against leading members of a technologically sophisticated P2P network known as Elite Torrents. Employing technology known as BitTorrent, the Elite Torrents network attracted more than 133,000 members and, in the last four months, allegedly facilitated the illegal distribution of more than 17,800 titles – including movies and software – which were downloaded 2.1 million times.

BitTorrent sites had been shut down before in the United States, such as the LokiTorrent case, but none had been closed down by the FBI – something had changed. The recently introduced Family Entertainment and Copyright Act meant that when EliteTorrents admin Sk0t uploaded Star Wars: Episode III, he didn’t just commit a civil infringement, it was now a serious crime. The huge popularity of the movie meant it was downloaded at least 10,000 times during the first 24 hours with some claiming in the region of 20,000 downloads worldwide, and this was reportedly enough for the MPAA to finally lose its patience and make good on its successful infiltration of the site.

The federal agents involved in the case executed 10 warrants and took control of the server. In a recent interview, Scott McCausland, aka sk0t, an administrator of the site told Slyck: “Star Wars was uploaded… and then it was game over. I awoke one morning to see the FBI warning on the ET site, and thought to myself “Damn, I think we are screwed.” It didn’t dawn on me at the time that I could be a target. I didn’t upload a lot, just a couple movies. But I did Star Wars, so… Then, at 6AM I am woken up to the sounds of 6 FBI, 6 ICE, and 2 Local Police at my front door. They come in, confiscate everything, and that begins my 2+ years saga.”

In the BitTorrent community many people were absolutely furious at the loss of their favorite site, with a passion not seen since the demise of Suprnova. Thousands of others were panicking. Forums and IRC were awash with theories of who had been arrested so far and who would be targeted next by the FBI, and why. Would it be limited to admins? What about the uploaders? Would regular users be chased down? In the end, around 130,000 users had nothing to worry about but some admins and uploaders weren’t so lucky.

In 2006, Scott McCausland pleaded guilty to one count of conspiracy to commit criminal copyright infringement and one count of criminal copyright infringement for his uploading of Star Wars: Episode III. He received jail time and home confinement and on his release told TorrentFreak: “After 5 months in prison, and another 5 months on home confinement, I have just one obstacle left: my 1.5 years years left of probation.”

Fellow site admin Grant Stanley, then aged 23, pleaded guilty to the same offenses as Scott and received the same sentence with the addition of a $3,000 fine. Other admins and uploaders who pleaded guilty included Sam Kuonen, then aged 24, 22 year old Scott D. Harvanek and An Duc Do, aged 25.

Not everyone arrested in connection with the case pleaded guilty. Daniel Dove, an administrator of the site, opted for a ‘not guilty’ plea. For Dove, the gamble hasn’t paid off. The jury was told that Dove was responsible for managing and recruiting the crucial ‘uploaders’ on the site (original seeders) and that he also operated a server which was used to distribute pirate material. The jury believed it and found him guilty on one count each of conspiracy and felony copyright infringement.

Dove will be sentenced on September 9th 2008 where he, like some of the other admins, faces a maximum sentence of 10 years in jail, but is likely to receive substantially less.

Historically, the EliteTorrents case is an important one. Many BitTorrent trackers used to be hosted in the United States, but had been essentially scared or pressured to leave, largely due to direct or indirect MPAA pressure. Right up until the creation of the Family Entertainment Act, any action against sites would have taken place in the civil domain. The act coming into force gave the FBI the green light to get involved, much to the delight of the MPAA who possessed significant investigative powers but lacked the killer ability to quickly shut down a non-compliant site.

The MPAA loves to issue a stream of data about how much piracy went on at EliteTorrents (and a lot did go on), but it was the seeding of a movie, a single pre-release movie that eventually killed the entire site and caused the imprisonment of the admin team. Clearly the leak did nothing to hurt the movie as it went on to gross nearly $110m in its first weekend and has nearly reached a worldwide total of $1bn. But we knew that anyway.

Despite the massive resources at the disposal of the FBI and supposed importance of the case, the person that originally leaked the Episode 3 workprint copy direct from Lucas is nowhere to be seen.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

One of those who came to grief was sk0t – aka Scott McCausland – who pleaded guilty – an admission which earned him 5 months in jail and 5 months home confinement. As part of the home punishment, Scott was required to wear an ankle bracelet which monitored his movements. Fitted on July 19th 2007, the bracelet enforced the terms of his release: Monday to Friday 08:30 to 21:00 he was free to do as he pleased. Weekends were more restrictive – freedom was allocated between 08:30 to 17:00. Freedom – proper freedom – was 5 long months away.

Eventually the day had arrived to remove the bracelet. Scott told TorrentFreak:

“On December 19th, I was allowed to, personally, remove my ankle monitor. After 5 months of curfews, and missed occasions, I am now allowed to partake in all the benefits this free world has to offer. After 5 months in prison, and another 5 months on home confinement, I have just one obstacle left: my 1.5 years years left of probation.”

After a couple of years of ruined festivities for Scott, things are really looking up for him now:

“This Christmas has been quite good to me. My first semester back at school is over, I am with my family, and I am off home confinement… the holidays are going well for me.”

Scott hasn’t been sitting around idly since his release. Aside from spending time with his family and friends and buying a new home, Scott went back to school, finished his first semester and got some pretty good grades, despite ‘taking it easy’ with his 4 chosen classes:

BA 243 (Business Ethics) – B
Phil 014 (Love & Sex) – B+
Phil 012 (Symbolic Logic) – A-
Econ 002 (Microeconomics) – B

It’s good to hear from Scott but a little sad that we don’t hear anything from the other guys who also went to jail who must be going through similar experiences. I’m sure that everyone in the BitTorrent community wishes them well, whatever they might be doing.

Final word from Scott: “Everyone have a Happy Holiday Season”

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

Federal Court Judge McLaughlin said in a statement, prior to imposing sentence “those engaged in online piracy of copyrighted material are not modern day Robin Hood’s, but rather common thieves motivated solely by the desire to get something for nothing.”

McCausland is the second Elitetorrents admin who is sent to prison. Last month The 23 year old Grant Stanley received the exact same sentence, five months in prison, followed by five months of home detention.

Elitetorrents was taken down in May 2005 by the FBI. FBI’s Operation D-Elite resulted in the permanent shutdown of the Elitetorrents, and the end of one of the most active “private” BitTorrent communities.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.