The topmost concerns I’m often reached out for: If torrenting is a safe thing to do; whether or not it’s legal and what if I get caught while torrenting? This article addresses these three concerns and contains a method to help you learn how to do safe torrenting.
Usually, when you download a film or video to your system; you press the download link, and your device connects to the server of the file for the download to get started with. This means that you are downloading a file from a particular server.
Torrenting acts conversely compared to this way of downloading files. That is because a torrent splits up one huge file into several different, smaller files.
Rather than downloading a file from one server; torrent software applications like BitTorrent or uTorrent connect to a significant number of other computers based on the system of peer-to-peer (P2P) file-sharing.
Torrent software enables you to download small chunks of a file from every device in the P2P network.
Before the presence of P2P torrent networks, copyrighted documents were saved on a single server. Sites hosting copyrighted files on a server were easily tracked by government institutions and ceased down.
Peer-to-peer networks give a highly decentralized setting to store files, which makes it incredibly more challenging for authorities to close down the process of file sharing because there is not a central server hosting the files.
How Do Torrents Work?
The process of torrenting is based on sharing small chunks of files, which are also termed as “packets.” This process is classified into two parts: seeding and leeching.
First, let me explain the two terminologies:
1) Leeching
You’re a leecher when you download a torrent file, plain and simple. But, this name is sometimes referred to in a wrong approach when people quit uploading a file after they have finished the download and hence don’t help other leechers out.
But, most torrent software forbids users to cripple the upload limit completely.
You could say that torrent clients think that “sharing is caring” – if you download a torrent file, you should also give it back to the network.
2) Seeding
You’re a seeder when you download a torrent and upload the “packets” you’ve downloaded at the same time.
The first file is moved from the initial seed into smaller “packets” to other devices in a P2P network. The seeders save bits and pieces of the large file, and, when it is their turn, share that further throughout a P2P network.
That suggests all the seeders collectively represent one large file as a whole.
Furthermore, you are not downloading a torrent file from one location, but instead, from various seeders, who’re hosting the files, your torrent software is requesting to download.
In return for enabling you to leech those files, the software builds a connection between you and other leechers – so they are able to download the packets you have already completed downloading. In other words, you become a seeder.
3) The Torrenting Process
When you want to download the newest action movie, it works like this:
You download small “packets” from several different seeders, who upload chunks of the film in a P2P network. Once you’ve finished downloading individual “packets,” your torrent software will begin sharing these “packets” with other users who want to download the movie (leechers).
At this point, you’re still downloading the leftover “packets” to complete the whole download. This process will proceed until you have completed downloading all the necessary packets to complete the entire file of the movie.
Note: the torrent software automatically allows uploading the file until you manually switch it off.
Is Torrenting Safe?
The question pertains to two distinct areas. First, is the exact process of torrenting safe for your computer regarding malware?
To get started with, the process of torrenting is pretty safe. Still, you should always be careful when it comes to downloading torrents. It is better to bypass torrent files from unknown uploaders without any ratings or comments.
Is Torrenting Illegal?
The act of torrenting itself is not unlawful. Nevertheless, downloading and sharing unsanctioned copyrighted material is illegal, and you can always get caught by the authorities.
Torrenting non-copyrighted material is totally fine and is legal, as there are no restrictions that apply to that.
In various countries, such as the US; governments, and Internet Server Providers (ISPs) collaborate to catch people who distribute unsanctioned copyrighted material.
ISPs might not always actively search for torrenters. Still, your Internet Service Provider could be subpoenaed by the authorities or a court order to give your personal data if they suspect that you are torrenting copyrighted material. I will talk more about the consequences of being caught torrenting later.
Government authorities also often force ISPs to block torrent sites, but this appears to be rather useless because users can use VPNs to access the sites, which I will discuss later as well.
Can I Get Caught Torrenting?
Simply stated: yes, you can most likely get caught while torrenting.
The authorities and ISPs can easily catch people who upload copyrighted files without any privacy precautions.
The ISP can spot users who’re sharing files based on their I.P. address. Torrenting client software stores all I.P. addresses of seeders and leechers as well.
By merely monitoring a torrent file, the ISP has access to all I.P. addresses downloading a specific torrent.
In almost all cases, ISP only needs an I.P. to figure out who is downloading a torrent and from where. Consequently, the authorities could come knocking on your door.
Copyright Trolls
Copyright trolls are individuals or businesses that are in the business of going after torrent pirates. These businesses locate torrenters who illegally distribute copyrighted material based on their I.P. addresses.
When they successfully locate a torrent pirate, they sign a deal of approval with the copyright holders to take legal actions on their behalf against the pirate.
In some cases, Hollywood production companies hire these businesses to snoop on pirates distributing their content illegally individually.
Copyright trolls employ “scare tactics” to frighten people who they accuse of copyright infringement by sending out threatening letters or emails.
What happens if you are caught torrenting?
The prosecution of torrent users has been sporadic. The chances of actually going to court or having to pay a settlement are pretty slim, but the penalties can be extremely high. The frequency of copyright holders suing torrenters for piracy peaked in the late 2000s. Pirates were sued for wildly disproportionate amounts of money, and most settled out of court.
These public scare tactics shone poorly on the recording and movie industries because they were portrayed as petty millionaires bullying poor college students. Direct lawsuits are much less common these days, but the campaign against torrenters is far from over.
Copyright trolls
Now the job of going after individual pirates has been outsourced to a growing number of small businesses known as copyright trolls. These companies locate torrenters who illegally download copyrighted content through their I.P. addresses. They then approach the copyright holders and sign a deal that lets them take legal action on their behalf. Others are hired directly by Hollywood production companies to sniff out pirates.
With legal leverage and a list of names, the copyright trolls then go after torrenters via mail, email, or even by going door to door and handing out settlement letters. These letters are not legally binding documents or injunctions. Copyright trolls use intimidation, fear, and shame to make torrenters pay without ever going to court. A common tactic is to threaten to sue for over $100,000 but only ask for $3,000 or so in the settlement. That makes the $3,000 look like a good deal, but going to court is costly and risky for them, so don’t give in if you receive such a letter.
What to do if you receive a settlement letter
The most common way to receive a settlement letter is through your internet service provider. A copyright troll will go through the court system to subpoena your ISP and force it to email customers with a legal threat and hand over personal details.
According to U.S. law, an I.P. address is not a person. If you were contacted through your ISP, the chances are that’s because the copyright troll doesn’t know your actual identity yet. If the letter doesn’t contain any identifying information on you, keep it that way and do nothing. Your case could be dismissed before the date that your ISP is set to reveal your personal details to the troll if you respond and identify yourself, that gives the troll a more direct means of targeting you.
This is a game of probability for copyright trolls. If they send out 1,000 threatening emails and 50 people reply, they only need a handful to cough up money to make it worth their time. Chances are it’s more cost-effective for them to move on to the next swarm of torrenters than pursue the remaining 950 people.
If things escalate and you decide to take action, lawyer up. Here’s a list of attorneys compiled by the Electronic Frontier Foundation that specialize in these sorts of cases.
ISP penalties
Depending on your ISP, it may take action against you on its own behalf. That could mean throttling your internet connection or threatening to hand over personal details to a copyright troll. Why does your ISP even care? Because torrenting takes up a lot of bandwidth, and that bandwidth costs ISPs money. On top of that, an ISP could be receiving kickbacks from content owners and their associates.
How to protect yourself
To avoid any legal ramifications, it’s best to simply not torrent. However, if you insist on torrenting, take the time to protect your privacy and keep copyright trolls at bay.
Use a VPN when torrenting.
The best way to torrent safely is by using a VPN. A VPN accomplishes two things: first, it re-routes all your internet traffic through a server in a location of your choosing, which changes your I.P. address to the one used by hundreds or thousands of other people (assuming your VPN uses shared I.P. addresses, which most do). This adds a significant layer of anonymity and makes it much more difficult for anyone to track you. Second, a VPN encrypts all your traffic before it leaves your computer. That means your ISP cannot monitor your activity, nor can anyone else. And because all your traffic heads to the VPN server first, ISPs can’t even tell where it’s going.
Using a quality VPN is vital; don’t settle for a “free” service or VPNs that log your activity, cap your bandwidth and data, or don’t provide sufficient DNS leak protection. Not all VPNs tolerate torrenting. You can check out our list of the best VPNs for torrenting here, which are services with fast speeds and a focus on privacy, security, and anonymity.
Conclusion
It’s straightforward: torrenting is legal, but torrenting copyrighted files is very much illegal.
Remember that your ISP and copyright trolls are constantly monitoring peer-to-peer networks (like uTorrent) and may take action against you if they catch you torrenting copyrighted materials.
To protect your digital privacy, follow the provided instructions. Privacy-minded torrenters always use reliable VPNs to protect their online privacy and use the Tor Network.
At the end of the day, it is at your own risk to torrent – be it legal or illegal.
