From: technomage-hawke@127.0.0.1   
      
   zan wrote:   
      
   > I am Being sued (civil ) by the music industry for allegedly distributing   
   > music   
   > through kazaa I am representing myself do to the outrages cost of a lawyer   
   > that I cannot afford. I plan to use the defense that :   
      
   you mmight want to get a lawyer anyway.   
   representing yourself is always a *bad idea*.   
      
      
   >   
   >   
   > . An Internet Service Provider (ISP) such as RCN has no way of proving an   
   > identity of a computer   
   > system unless they use an authentication based protocol such as PPP/OE for   
   > connectivity.   
      
   only that the IP is tagged to your account by use of the cablemodem MAC   
   address   
      
   > . In the event have an authentication based protocol is used, a computer   
   > can only be truly identified if   
   > logs are kept by the ISP that clearly states: The time of the login, The   
   > User ID that logged in, the   
   > MAC Address of the computer that logged in as well as the IP Address. Even   
   > if these logs are   
   > adequately maintained by the ISP there is still a possibility that a   
   > hacker or malicious user could of   
   > taken control of the machine and performed the login.   
      
   most of the above would be irrelevant (save for the remote login).   
   However, since this is a civil case, it is incumbent upon the RIAA, et al,   
   to prove by preponderance of evidence that you did the deed. since the   
   obviosuly traced back to your IP (which at the time was shown in the RCN   
   subscription database to belong to you) and that they obtained an md5 hash   
   of the infringing work (along with a file name and size), it wouldn't be   
   that hard for them to prove you did the deed, hence, I referr you back to   
   rule 1: get a freakin lawyer!   
      
   > . ISP's typically provide "dynamic" IP addresses (also known as DHCP)   
   > which change from time to   
   > time. On a cable modem or DSL network this means that one day an IP   
   > Address may belong to   
   > Household A, and the next day (or hours late) it could belong to Household   
   > B.   
      
   lease times are usually 43200 secopnds for most providers and they use DHCP   
   lease upon MAC (which means you are more than likely to have the same IP   
   address this time last year or next year)   
      
   > . IP Addresses can be faked or "spoofed"   
      
   they can, but its a lot harder to poison a router table (I am sure they did   
   a traceroute and other things before they sent the notice to your ISP)   
      
   > . MAC addresses, while hard coded into a network interface cards (aka,   
   > network card, aka wireless   
   > cards) can be altered using utilities that are readily available via the   
   > internet.   
      
   true, but in altering such, connectivity from remote will be lost and thus   
   is becomes increasingly infeasible for someone to do this (except if they   
   have physical access to the machine in question and require the change for   
   other reasons). Most skript kiddies aren't out to change things, except   
   that which gives them control of your machine for whatever purpose they may   
   have in mind. p2p isn't generally one of them, as such traffic can slow a   
   connection to the point where the end user will not only notice, but   
   complain LOUDLY to his/her ISP about it.   
      
   > . Computer hackers use unprotected computers that are connected to the   
   > internet as platforms for   
   > storing illegal content such as pirated software, mp3's, porn, and other   
   > inappropriate materials.   
      
   no. script kiddies do. hackers != script kiddies   
      
   > . Wireless routers that are purchased at retail stores such as Best Buy   
   > and Circuit City are "open' by   
   > default. This means that any individual with a wireless enabled PC can   
   > access the internet through   
   > the wireless router if not properly secured.   
      
   seen that. any user with a minimim of education (and common sense) will read   
   the instructions on how to "secure" they AP's or hire someone to do so (I   
   am one such person they do hire for this very reason). instances where   
   wireless AP's are taken over are still rare, though they are getting   
   increasingly commonplace.   
      
   > . Remote Desktop is a feature of Windows 2000 and Windows XP that allows   
   > remote control over a   
   > PC from the internet. If this feature was enabled and no passwords were   
   > defined, any individual   
   > could connect   
      
   those featires are only available on the "server" or "pro" versions and not   
   the "home" versions of the product(s).  if you are *not* running windows   
   2000/2003 SERVER or windows XP Professional, then these features are not   
   available to you. However, even unprotected "home grade" machines can still   
   be remotely exploited and certain types of "servers" can be installed that   
   will give a similar functionality, but..... that still does not mean they   
   will be used to store illegal content   
      
   >   
   > If  these  statements are put into yes or no question form and asked of   
   > the plaintiffs expert witness what response should / would be received   
      
   rule 1: get a lawyer (how many times must I say this).   
      
   BTW, I do forensics work on computers so I know a bit more than you do on   
   this, but I am still, by no means, an expert.   
      
   TMH   
      
   --   
   I will not be pushed, filed, stamped, indexed, briefed, debriefed, or   
   numbered!   
   My life is my own - No. 6   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)