BitTorrent & Digital Contraband

BitTorrent is a popular peer-to-peer file transfer program that allows participants in a swarm to exchange pieces with each other during the downloading process. Since users do not have to download all pieces from the original publisher, the downloading of very large files in an active swarm is typically faster than other methods used to distribute files. BitTorrent is often used to share pirated music and videos. Unfortunately, it is also used to distribute child pornography. Many people do not understand how the BitTorrent protocol works, including those in law enforcement and the legal profession. This lack of technical understanding combined with various legal issues can result in a weak case against those that are truly guilty or an inadequate defense of those that are not. This paper explains the technology, the investigative process, and the legal issues surrounding BitTorrent with a goal of improving the base knowledge of those on both sides of the legal dialectic process.