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Can I get into trouble for downloading illegal files?

What if you accidentally download something illegally? I think I may have and as soon as I found out that I may have, I deleted it, but what can happen to me? I'm a minor and I'm not experienced in computer usage. I assumed that the filters would keep out anything illegal, but one of my friends told me otherwise. I'm worried that I may have done something wrong, but I really don't know. I really don't want to get into trouble because it was an accident and I tried to correct it. I just don't know what to do. Please respond.

Dave's Answer:

There are unfortunately legal precedents that establish clearly that ignorance of the law is not a defense. In this case, it means that if you downloaded an illegal file, hacked commercial application, cracked DVD movie, or whatever, you are indeed guilty of an illegal act and can, theoretically at least, be liable for prosecution.

Before you panic and move to some far-flung island, however, realize that illegal downloads are rampant on the Internet and that some of the busiest sites online are focused on helping people download just this material. Some of them have the gall to actually promise that everything they offer is legal (especially mp3 music sharing sites) without bothering to point out that their corporate headquarters are far from the shores of the United States because they're actually afraid of being prosecuted themselves!

Part of the problem is that some of the tasks you can do on your computer are indeed considered illegal, even if common sense suggests that they should be perfectly legal and fair. For example, if I buy a DVD, it is unclear to me why it's illegal for me to copy it to my laptop or Sony PSP so I can watch it while on a trip, or if I buy an album from the iTunes Store, why I can't convert that data into a format that will work on my non-Apple mp3 player. Both of those are illegal, and one of the big issues that we'll be debating for the next few years is this very topic of "fair use" versus "digital rights management". And it'll be tough to solve, too.

Also, please understand, I'm not condoning this illegal behavior. You should certainly avoid downloading any illegal files anyway because they're commonly carriers of viruses, spyware, or worse,

Anyway, truth be told, I am sure that you are safe from any problem and if you avoid these illegal download sites in the future. Just be careful out there... :-)

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Categorized: Computer and Internet Basics (Article 7145)
Tagged: cracking, hacking, illegal downloads, p2p
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Comments

Some points on what you wrote:

(a) It's true that ignorance of the *law* is not a defense. However, if you know what the law is, but you just didn't know that the specific file you were downloading contained illegal content and you deleted it as soon as you found out, that may be a reasonable defense. (e.g. if you started downloading a file and you didn't realize it was child porn until after it was already downloaded! The police encourage people to report instances of child porn to a "cyber tipline", and presumably they don't arrest everybody who accidentally runs across child porn and reports it to them.)
The poster phrased the question ambiguously -- "What if you accidentally download something illegally? I think I may have." Does that mean he downloaded copyrighted music without knowing that was illegal? (Could still get in trouble.) Or that he downloaded something and didn't realize until after he had the file, that it was illegal content, and then he deleted it? (Probably not liable.)

(b) Are you sure it's illegal to convert iTunes music to MP3? The iTunes program specifically lets you burn the content to a CD, which seems to imply it's legal to make digital copies of your own music, as long as you don't give those copies to other people. (And in fact, iTunes even lets you import those burned CDs back into your computer as MP3s!) Apple undoubtedly doesn't like people doing that, because they want to sell more iPods. But just because Apple doesn't like it doesn't make it illegal.

(c) You said that illegal files are common carriers of viruses and spyware. That's true for pirated software, but viruses generally can't spread through mp3s or movie files (unless you have outdated music-and-movie-playing software that contains security holes, in which case you should get free upgrades for the software right away, *regardless* of whether you're playing pirated content or not!). Most spyware is installed by the file-sharing program itself, like KaZaA!

Personally I wish we could end music piracy because that would mean more money for artists, and more and better music all around as a result, but I also believe that software code (including code for p2p programs that enable music piracy) is protected by the First Amendment.

Posted by: Bennett Haselton at January 24, 2007 5:06 AM

I have DSL, and my friend told me that i should use BearShare to get free MP3's. I know its a peer to peer network , but can i get in trouble for downloading MP3's? Thank you :@

Posted by: Ricardo Chavez at January 24, 2007 9:45 PM

on some web sites you see things that say things like watch brother f&*% 15 yr old sister is that not illegal one of the sites is lime wire go to movies click on all and scroll down i no longer have lime wire i reported it but nothing got done i still have people check its still there its on alot of web sites some body needs to do something about it please e mail me when you recive this so i know somebody got it thank u stephen

Posted by: steve at June 2, 2007 12:16 AM

Can I get into legal trouble for cracking my boyfriends password to his email. I mean it was his birthday. i found out that he was cheating on me now he wants to try to get me in trouble for getting in his email. should i be worried

Posted by: Tammy at August 19, 2007 6:42 PM

if i download music off bearshare will i get in trouble?

Posted by: ed at February 12, 2008 10:57 AM

you can delete any kind of illegal file you want. it won't save you from being prosecuted. my boyfriend has come across some illegal files on his computer in the past and had deleted them. the feds track you. and then they come in with a search warrant. and even if you think you deleted something, not everything leaves your hard drive. they will take your computer and still find this crap. then they will come and arrest you for possession. and it being in the recycle bin is NOT a defense. that just shows you knew it was there. knowledge of the file. then they through you in prison for the next 10 years. this is EXACTLY what they are doing to my boyfriend. he has no prior record, a nice guy who always was willing to lend a helping hand. now in prison because of accidental download. do not let anyone tell you otherwise. we are living it. in this so-called free country.

Posted by: brandi at April 26, 2008 11:03 PM

I wouldn't trust anything that is running on the Gnutella network such as LimeWire and BearShare. If you must download illegally, consider being part of a newsgroup. See www.usenet.com for details.

Posted by: RevMag at May 6, 2008 2:12 PM

I have a lot to say, but ...

I have a lot to say, and questions of my own for that matter, but most of all I'd like to say thank you for all your efforts on this Web site by buying you a chai!

I do have a comment, now that you mention it!