I’m not sure what this new proposal [pdf] is attempting to allow but here is a thought. The CNET Article quotes the DOJ as saying, “It is a general tenet of the criminal law that those who attempt to commit a crime but do not complete it are as morally culpable as those who succeed in doing so.”
So if fake Bittorrent trackers were to record a person attempting to download material could this be construed as an “attempt”? I’ve been following along with the fake trackers for months now but all the RIAA can do now is record the IP and file against John Doe. This legislation could mean attempting to download a fake tracker results in a confiscated computer, jail time, and maybe the death of Bittorrent.
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