As a layman, I think this is the real problem: the law assumes that people are smart and tools are stupid. However, computer programs like torrent clients have become frighteningly smart about efficiently turning scarce information (like a short hash) into illegal actions. Imagine a GPS unit that could turn "don't go downtown, there's a strong mob presence" into a route to the nearest drug dealer.
Most of the "intent" of going from a hash to a download is in the torrent client. It's a smart tool. But to my best knowledge, the law assumes that intent has to happen in a human. If you have two humans, and both have weak criminal intent, but they're connected by a program that makes illegal acts very easy, I don't know how the law judges that. Probably badly.
Most of the "intent" of going from a hash to a download is in the torrent client. It's a smart tool. But to my best knowledge, the law assumes that intent has to happen in a human. If you have two humans, and both have weak criminal intent, but they're connected by a program that makes illegal acts very easy, I don't know how the law judges that. Probably badly.