Torrent and Mega-Upload Cases

Indecent images prosecutions involving file sharing sites such as Megaupload or torrent platforms where people can share and download files with each other are now commonplace.

BSQ has been instructed in many cases where allegations have been made that illegal material has been downed from file sharing or torrent sites, also known as Peer to Peer networks.

Megaupload and Other File Sharing Sites

Megaupload is a file sharing platform that was shut down in 2012 following allegations of copyright infringement and other criminal activity. Since then, other file hosting and sharing services have emerged, each with their own features and policies.

Prosecutions featuring Megaupload and other file sharing sites are common place

These file sharing sites differ from Peer to Peer networks as users connect directly to a file sharing server rather than a swarm of other users. Sharing companies generally provide hosted servicing for uploaded files which can include documents, videos, images or any other type of digital content. These files can be accessed from anywhere with an internet connection using the link provided by the file company.

Peer to Peer File Sharing Sites

Peer to peer networks function using a bit protocol which provides for a decentralised approach to file sharing. Uses or peers will locate a file they want to download on a torrent such as a music or movie file. Instead of retrieving the file from one server, the torrent client will connect the user to other peers who have the same torrent file. The torrent client downloads different pieces of the file from multiple peers. At the end of this process the torrent client assembles the downloaded pieces into a complete file on the users computer.

Problems with File Sharing and P2P Sites  

File sharing and torrent sites are notorious for containing illegal content. Individuals using bittorrent clients or file sharing sites to access illegal material can also often be easily detected by the ISP providers. One of the most common ways in which an indecent images investigation will be instituted is when an ISP provider issues a red flag to the police reporting one of its users as having possibly accessed illegal material.

Defences in File Sharing Prosecution

Anyone using a file sharing or P2P network and searching for pornographic material should be wary of the possibility of inadvertently accessing illegal material. Often illegal material which is not readily identifiable as such from the file labels attached, and can be “caught in the net“ when a user is searching for legal pornographic files on, for example, a bit torrent client.

Case Studies

BSQ have been instructed in a number of cases where we have successfully represented defendants who have been accused of downloading illegal material on torrent sites. BSQ Client J for example, a businessman, was wrongly accused of knowingly downloading illegal material from  peer-to-peer networking sites. J initially had legal representation from another law firm but then sought specialized advice from BSQ. His case was scheduled for trial in the Crown Court.

BSQ made representations to the Crown Prosecution Service (CPS) arguing that the evidence did not definitively establish any criminal intent on the part of our client, who had accumulated a substantial collection of material mass downloaded from the Internet. Following extensive pre-trial correspondence spanning several months, the CPS chose not to present any evidence in the case, and formal not guilty verdicts were recorded.

See our Recent Indecent Images Cases for more examples.

How BSQ Can Help

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.
  

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

You can find more information about our indecent images solicitors defence services, see our practice page.

 If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.