Quote:
Originally Posted by HarryT
If you are caught speeding by a speed camera, that's exactly what happens - the registered owner of the vehicle will be prosecuted unless THEY can show that someone else was driving the vehicle at the time. I see no reason that This principle could not be equally applied to downloading.
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If you're caught speeding on camera, you can provide evidence that you were elsewhere at the time. If your ISP records your IP address downloading/uploading something, they should have specific enough records that you might be able to say "I was at work/on vacation/shopping at that time." Or the less-direct, "we always watch [favorite sitcom] at that time; the whole family was glued to the TV set that hour; check with our friends & they'll tell you that we don't even answer the phone then."
Which, if the case went to court, the person accused of downloading would have the opportunity to do. As I understand the current law, there's no opportunity to say, "I have evidence that that wasn't me;" the internet access is cut off on the basis of the accusation, not any kind of proof.