U.S. District Court Chief Judge Vaughn Walker found that the program was not a secret since “public disclosures by the government and AT&T indicate that AT&T is assisting the government to implement some kind of surveillance program.”

“Dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security,” Walker wrote.

This is extremely important because it allows the case to proceed, rather than merely being dismissed on the outset. That U.S. District Court Chief Judge Vaughn Walker was able to see through the rhetoric of the government lawyers speaks volumes. Though the war is far from being won, this small victory is extremely important as it allows the fighting to commence.

Every American should be keeping their eyes peeled to this case!

“We have very significant proof of wrongdoing and the MPAA’s involvement,” Rothken said. “We think it’s ironic for the MPAA to claim that they are protecting the rights of the movie studios and then go out and pirate other people’s property.”

It makes you really wonder how this was pulled off because I suspect that TorrentSpy does not have a true office environment. I have to ask what measures the TorrentSpy staff put in to place in order to secure the internal company network so that it is safe from the standard network attacks.

Because there is little information about the incident that lead to the suit I can only speculate that it was done mainly via social engineering as opposed to anything specifically technical in nature. It will be interesting to watch how this case unfolds.