Published today 15:53
Linus Larsson.
The state confiscates The Pirate Bay’s domain name, but the verdict holds shades that show that the rule of law has gained greater understanding of the Internet’s special conditions.
The state confiscates The Pirate Bay’s domain name, but the verdict holds shades that show that the rule of law has gained greater understanding of the Internet’s special conditions.
The Pirate Bay’s domain name to the State. It was the news on Tuesday, since the judgment of the District Court of Stockholm has become public.
It is a not straightforward judgment which consists of two parts: the prosecutor requested that the network addresses to be taken from Frederick Neij, one of the men who have previously been convicted of having driven site. Partly addressed the requirement to the foundation .SE, whose job it is to take care of the registry of all see domains.
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The entire case is stirring up emotions, but it was above all the second requirement made it controversial.
The Foundation has voluntarily donated the domain names piratebay.se and thepiratebay.se meant according to the prosecutor that the Foundation contributed to Piracy was going through the site. Therefore, they would have to deregister the domain name, claimed the prosecution.
The Foundation beat Bucks. The demand hit straight towards its self-image: a neutral actor that makes the Internet work. Such do not care about the content of a particular site, it must maintain an address necessary for us to have an internet access. The pavers will not be held responsible for the way used by a bank robber. The item is not accused of illicit goods have been sent with the letter.
Therefore charged .SE up by lawyers to avoid blocking domain names. And the thing is that the foundation won. At this point the prosecutor had not their demands. The Foundation does not need to stand for what is happening on the over one million .se sites, which must be said to be more than reasonable.
Now it does not greater role in practice – the domain names are yet from Fredrik Neij and court writes clearly that they “belong to the State.” But the judgment still shows an understanding of the rather abstract concept of neutral players online, players who are not held accountable for everything that happens on their network or their records.
There is a lift to a Swedish district court can discuss it without completely turning off itself.
For those who have followed the Internet-related court cases in recent years, it is clear that the understanding of the Internet’s specific conditions have become larger. Just a few years ago could convictions, especially at the district court level, contain formulations showed a glaring lack of understanding of the basic facts on the digitization and online.
Some years ago spoke I with an cybercrimes investigator in the police. He had worked with an extensive computer hacking case that finally reached court. But the judgment he interpreted that the district court had given up. “We do not understand this. Appeal “, he read between the lines. At that time there was a widespread perception that the justice system as well as not grasped this with the technology. No matter what one thinks about Tuesday’s decision as show judgment to the Swedish judicial system understands the Internet a bit better today.
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