The ip used in P2P connections are public
(2 votes, average: 5 of 5) 
Loading ... On May 9, the Criminal Division of the Supreme Court issued an important ruling (No 236/08), which concludes that the IP addresses belonging to the links that users use to make use of P2P networks such as emule or bitorrent, are public record and thus invisible to the rest of the Internet, thus these IP addresses are not protected by either the right to privacy or the right to secrecy of telecommunications. Therefore during a police investigation would not require a judicial authorization to get something that is already public, because the user to enter voluntarily into such networks to thus be able to share files.
So that we do a simile would be an idea to make a picture as a celebrity in your home through a window or make the photo on a beach, the picture of the beach would be lawful because it is a public place and its Housing is therefore not a private place.
The Group of Telematics Crimes of the judicial police of the Civil Guard in October 2005 a few searches on the Internet, tracking down P2P networks to meet users who share or download files containing child pornography. Through these searches, conducted without a court order was obtained a list of IPs that was presented before the magistrate No. 7 Sevilla, demanding the release of a court order directing it to a different Internet service providers in order to to submit certain information for each of the IPs collected in the crawl made.
In this list the IP was assigned to the computer of the accused in court proceedings of that sentence. Once the registration and entry into the home of the person involved, the computer is involved therein found, obtaining certain evidence about an alleged crime of facilitating the dissemination of child pornography (Article 189 of the Penal Code). The ruling by the Supreme Court has now declared null and void the ruling of the Provincial Court of Tarragona, which acquitted the accused on the grounds that it had been injured seriously the fundamental right to privacy of communications in obtaining evidence (from another, obtaining IPs without a court order). And it is deemed by the Supreme Court, "to verify crawls, the judicial police was fulfilling its function of prosecuting crimes and arrest the criminals who committed them, to be legitimate and carried out regular crawls, which results in the validity of the prosecution and the police conducted the execution of the order and allowing the identification of users of IPs and the subsequent entry and registration. " Therefore, the Supreme Court has forced the court to issue referred to another sentence in which it is taken into consideration as legitimate, the evidence invalid at the time for that, along with other evidence already practiced, is passed a new resolution, condemning or acquitting the defendant.
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October 11th, 2008 at 8:48 pm
The ip used in P2P connections are public record and legally usable ...
On May 9, the Criminal Division of the Supreme Court issued an important ruling (No 236/08), which concludes that the IP addresses belonging to the links that users use to make use of P2P networks such as emule ...