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Old 03-24-2011, 10:10 AM   #33
murraypaul
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Quote:
Originally Posted by HarryT View Post
I really see no issue with holding the legal owner of a computer responsible for its use. It's no different to fining the legal owner of a car if it's caught speeding by a speed camera: if you were not driving the car at the time, it's up to you to prove the fact. If you own something, you are responsible for its use.
Police operated speed cameras are subject to routine testing to check their accuracy, and are considered reliable enough that a result from one is presumed to be correct unless proved otherwise, so the burden shifts to the accused to prove that the evidence is wrong.
There is no comparably reliable method of determining which computer was actually on the end of an IP address at some point in the past, the burden remains with the accuser to prove the case.
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