TorrentSpy Blocks Searches From US Visitors

Written by Ernesto on August 27, 2007

Starting today, TorrentSpy blocks all searches from US visitors and redirects them to a privacy statement. TorrentSpy is caught up in a lawsuit in which the MPAA demands that TorrentSpy hands over all user info stored in “random access memory” (RAM).

This service denial seems to be a preventative measure to protect their users, when US users try to search on TorrentSpy they now get this message:

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.

The search redirect will be permanent, TorrentSpy owner Justin Bunnell told TorrentFreak: “We must comply with European Union privacy laws and turning off USA traffic was the only way to guarantee that protection for our users. It is not something with a time limit.”. Over 15% of TorrentSpy’s visitors are US residents, shutting them down for good will be a disaster for the site.

We also asked Justin how he thinks this will affect the future of TorrentSpy, and he responded: “Whatever future awaits, the innovations of peer-to-peer technology and the jobs and opportunities it creates will take place outside of the USA.”

TorrentSpy currently does not log any user data, but if the court decides that they have to hand over all information stored in RAM, this would be a huge blow to Internet privacy. The MPAA reasons that all IPs, downloaded .torrent files, dates and other user info are temporarily stored in RAM for a few milliseconds and demands that TorrentSpy logs this info and hands it over to the MPAA. Basically they are demanding that TorrentSpy should keep server logs (pdf link).

TorrentSpy lawyer Ira Rothken is determined to fight this but said in a statement about the case: “The odds favor the copyright owners, copyright law in this country is Draconian and dramatically skewed on the owner’s side”.

Everything TorrentSpy does also applies to other search engines according to the TorrentSpy defense. Last year, when the case started, Rothken said “It [TorrentSpy] cannot be held ‘tertiary’ liable for visitors’ conduct that occurs away from its web search engine”. TorrentSpy claims it did nothing illegal and suggested the MPAA should sue Google.

To be continued…

Update: A federal judge ruled that TorrentSpy must log all data stored in RAM, this is why TorrentSpy blocked the searches.

Previously: Anime Distributor Has No Legal Right to Threaten BitTorrent Users

Next: GetAmnesty.com: MPAA Extortion at its Finest

120 Responses (Add yours or TrackBack)

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1 Aug 27, 2007 at 09:58 by Rex

Did anyone notice that from the page where US visitors get to see the “no access”-message, TorrentSpy links to some non-bittorrent sites?

TorrentSpy should link to the big ones ;), like myBittorrent.com, Mininova.org, etc..

2 Aug 27, 2007 at 10:09 by Antares

Are they crazy?!!?!?

These were the people that started a deal with the authorities not so long ago with ISOhunt right?
And now the MPAA just stabs them in the back!

What kind of data would be accessable from the RAM???

3 Aug 27, 2007 at 10:24 by Dimagus

What? People are still using TorrentSpy and IsoHunt? That’s like trusting Enron.

4 Aug 27, 2007 at 10:49 by Grendel

Proxies.

5 Aug 27, 2007 at 11:14 by Scuba

“Over 15% of TorrentSpy’s visitors are US residents, shutting them down for good will be will be a disaster for the site.”

15% loss in traffic and the RIAA and MPAA off your back? Sounds like an easy decision for the owner. I’m actually surprised someone wasn’t thought of this earlier…

6 Aug 27, 2007 at 11:24 by Neoncat

I hope others will follow them too. Its time to isolate RIAA and MPAA out from torrent world.

7 Aug 27, 2007 at 11:38 by lolz

I still don’t get the whole deal about RAM. Why do they want the RAM?!? Hell, the MAFIAA can take all the RAM in my house for all I care, what the hell are they going to find on them once I power off?

8 Aug 27, 2007 at 11:40 by anonymous coward

I live in Guam, US. No problem here getting to torrentspy.

9 Aug 27, 2007 at 11:42 by fjaak

Stored in RAM? How many percent of the database is stored in RAM at any given time? Must amount to a few percent, plus it is always changing, so their data will be rather arbitrary. If I got that request I’d make sure they got what they asked - which is most likely not what they want.

10 Aug 27, 2007 at 12:12 by JD

lol I’m from the UK and I get the Torrentspy Acts to Protect Privacy message

11 Aug 27, 2007 at 12:54 by MarkTrent

Man I’m in the UK too, and I get the message saying ‘Sorry you are in the USA etc…’

12 Aug 27, 2007 at 13:05 by Rex

[quote comment="153492"]I hope others will follow them too. Its time to isolate RIAA and MPAA out from torrent world.[/quote]

You sound naive. Admins won’t block anyone unless its absolutely necessary! The MPAA and RIAA are not the only organizations/companies that cause trouble to torrentsites. There are many more: Microsoft, WebSheriff, BREIN, IFPI, etc… (And I haven’t even started about the record companies…)

If an admin would have to block visitors to keep all organisations satisfied, there would be almost noone left to visit the site.

13 Aug 27, 2007 at 13:07 by Rex

[quote comment="153512"]lol I’m from the UK and I get the Torrentspy Acts to Protect Privacy message[/quote]

Well, you can always just visit myBittorrent.com. It’s not like you will notice any difference, cos most of TorrentSpy’s torrents were linking to myBittorrent.com lately.

14 Aug 27, 2007 at 13:50 by anonymous coward

Still no problem in guam.

15 Aug 27, 2007 at 13:53 by funchords

America: “Home of the Free?”

I understand and admire TorrentSpy’s decision. This protects the privacy of the unwitting. Using foreign proxy services would be a great work-around — make sure you register your TorrentSpy account to a non-US country.

16 Aug 27, 2007 at 14:00 by Jackson

@fjaak: “Stored in RAM? How many percent of the database is stored in RAM at any given time?”

This was an idiot judge who issued the ruling, without understanding the infeasibility of her order. Idiot Judge’s Name Jacqueline Chooljian. You can now find her photoshopped all over porno sites.

17 Aug 27, 2007 at 15:34 by guy

You guys weren’t paying attention. They don’t want their ram as I’m sure someone could have told them that the instant power is removed the information stored is gone. However, what they DID ask for was that torrentspy, a company that does NOT log any information pertaining to their servers begin LOGGING information that is posted to RAM. Therefore, the MPAA wants them to create a log, which is something they don’t do. It also means that it would be VERY bad. Anything that runs on that server in the form of data is discernable from a log for RAM. Hide ur IP, spread the word.

18 Aug 27, 2007 at 15:36 by James

I never used TorrentSpy anyways, way too much spyware and other crap in their downloads.

19 Aug 27, 2007 at 15:37 by defcon

grab tor, you can search anonymously for free via AES encryption tor.eff.org

20 Aug 27, 2007 at 15:39 by john

TORRENTSPY FUCKING BLOWS

You have mininova, suprnova, piratebay and others ..

GET THE FACK OFF TS.

21 Aug 27, 2007 at 15:40 by rob

one word….. proxy

22 Aug 27, 2007 at 15:41 by InformedUser

What’s stored in the RAM?

Everything. Every single visitor’s IP address and every torrent file they download. No, it’s not “stored” in the RAM permanently but it does pass through it at some point. The MPAA/RIAA lawyers are making the case that the RAM is a type of storage medium and therefore the TorrentSpy admins must keep logs of everything that gets put into RAM for even a few milliseconds and then turn that log over to them. The judge initially ruled that this was true and that Torrentspy had to do this, then their lawyers appealed the ruling and she is reconsidering it.

Either way, I’ll never use TorrentSpy again. It’s TPB for me.

23 Aug 27, 2007 at 15:44 by Peter Schmit

I think Google will have to be the new torrent site…

mwahhahahahahahahha! you cant win!

24 Aug 27, 2007 at 15:50 by Peter Schmit

PS.. i thought there was a law or an amendment which says you don’t have to provide self-incriminating evidence to a court???

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