Sorry if it is inconvenient, Brad, but it's the truth. Anyone who gains unauthorized access to a computer network, or exceeds authorized access (yes, those are the exact words of the statute) is indeed committing a Federal crime. That's just a fact; see 18 USC 1030. In particular, users who try to run BitTorrent on one of our ISP's residential connections in violation of our Terms of Service are committing a crime. And the penalties are quite stiff.

However, sending a pair of RST packets to terminate a TCP session is not a crime and is not "forgery," and the EFF uses this inflammatory term many times. An address on a RST packet can't be "false," because in fact the users' respective ISPs that own them. And the addresses MUST be accurate to terminate the proper connecction. What's more, an address is not an identity. (In fact, many users may get a temporary "lease" on the same address -- as often as one every half hour.) Nor are the addresses on the packets "misleading" -- there is no human to mislead.

So, if you want to get right down to brass tacks, Brad, EFF is defending users of your company's BitTorrent software when in fact they are the criminals (even if the content is not pirated!).

Furthermore, you, as a board member of BitTorrent, Inc., are aiding and abetting criminals, and as a board member of EFF you are defending both while bashing ISPs (who are trying to stop the criminal activity).

Again, all plain and simple fact. Check with your lawyers.