A series of legal events means that companies that have no business reason to retain documents or records may be compelled to create and retain such records just so they can become available for discovery.
TorrentSpy.com is committed to protecting your privacy. TorrentSpy.com does not sell, trade or rent your personal information to other companies. TorrentSpy.com will not collect any personal information about you except when you specifically and knowingly provide such information.
Pretty straightforward, and not too dissimilar from thousands of other website privacy policies. Such privacy policies are considered to be legally binding contracts, and the United States Federal Trade Commission, and Privacy Commissioners in Europe, Asia and other places routinely hold companies to their promises under threat of civil and criminal prosecution or fines.
Log information - When you use Google services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser
Some of this information is collected automatically as a consequence of delivering web content to the requestor. You would think that, in pursuance of its privacy policies, a company could choose not to collect or more accurately not to store or retain such information after all, thats what they promised their customers, no?
There has long been an adage in the law that essentially states that if it exists, it is discoverable. Now, as a result of a lawsuit involving TorrentSpy, the United States District Court for the Central District of California has essentially extended this logic to state that, if it doesnt exist, we will require that it be created and stored so that it can become discoverable. The case, Columbia Pictures v. Bunnell arose when the movie studios wanted to find out the identity of people using TorrentSpy to download copyrighted works personal information about TorrentSpys users. TorrentSpy promised its users that it wouldnt collect such information, and had no legal obligation to do so. As the court noted,
In general, when a user clicks on a link to a page or a file on a website, the website's web server program receives from the user a request for the page or the file. The request includes the IP address of the user's computer, and the name of the requested page or file, among other things. Such information is copied into and stored in RAM.). RAM is a form of temporary storage that every computer uses to process data. Every user request for a page or file is stored by the web server program in RAM in this fashion. The web server interprets and processes that data, while it is stored in RAM, in order to respond to user requests. The web server then satisfies the request by sending the requested file to the user. If the website's logging function is enabled, the web server copies the request into a log file, as well as the fact that the requested file was delivered. If the logging function is not enabled, the request is not retained.