Unless you own your own routers and DNS servers, of course it
can be tracked.
Routers - not your home routers.
Before you are able to surf, you need to connect to your ISP.
Through your ISP, you get on the Net.
When you connect and disconnect, there's always a log. For those
own a router, you can quite easily tell it.
Log in to your router. Look at the Status or Logs page. There,
you will find some details like
Own home network IP address - 192.168.x.x (where x is anything
between 1 and 254)
Public IP address - 121.x.x.x (Singnet)
116.x.x.x (Singnet)
220.255.x.x (Singnet)
202.x.x.x (Starhub)
The other ISP ranges I'm not so sure. That's how they track
down. All they need is your ISP cooperation. That's why a lot of
people are not happy when ODEX could get ISP logs. And...
encryption doesn't help. Your first step to the Net is your ISP.
You can't possibly encrypt this part. Unless you own your own ISP.
That, you gotta ask APNIC. The chance of APNIC granting you this
request is near zero, from experience.
After your ISP, you can do anything want to hide your identity.
Proxy, encryption, IP address changers, MAC address changers,
whatever to hide yourself.
Those people that were charged - is to send a stern warning to
all illegal downloaders. Don't think because our telecommunications
indicates that all ISPs must do something to protect your privacy,
the laws can't harm you. There's an extra line which states with a
court order, ISPs will have to release details. However that line
is going to be abused, is not up to us discuss. If you intend to
find out, you can read the whole ODEX thread.
Downloading illegal stuffs won't increase your chance of being
caught. But rather, it depends on two factors.
1. Amount
2. Uploads
The more you download, the higher chance you expose yourself for
getting caught. Coupled with a fixed price for unlimited usage, the
chances of you leaving a computer on to download stuffs 24/7 isn't
very slim.
Plus, some people tend to download a lot at one go. A few
movies, a few albums in less than one day. What ya think?
Uploads
With P2P technology, to get good download speeds, you have to
learn to share. Uploading is P2P way of sharing. More downloads via
P2P, more uploads.
How are people caught
The most common way I've heard of is through tip offs. But I
believe this is a lie. Simply because the tip off is actually
supplied by the people who wants these people to be caught
(copyright association such as RIAS)
Another way is through tracking. Various companies have
developed several ways to catch downloaders, in particular P2P
downloaders.
How these programs work, you need an understanding of how P2P
works. And there's a few kind of P2P networks, which doesn't make
it easy.
Torrents is probably the easiest, due to trackers and
seeders.
But Gnutella, eDonkey, etc use another type. Gnutella has a
tree, leaves and sub leaves.
Another method is through fake torrents. But this is easily
fooled since P2P clients these days are able to tell if a torrent
is real or fake.
The last method that I know of is what some may term as
espionage. This is particularly for private trackers.
Skilled people are sent to sign up (if available) or share files
with the P2P downloaders. This type of activity typically goes on
for months or years before authorities finally make a kill.
Based on what? Simple. Your IP address and other details through
sniffers. As long as they are in the P2P network, that is. The last
method isn't common, but is one of the most successful one.
Sniffers are able to tell a lot of details just based on the
headers alone. IP address is pretty reliable as most don't connect
via any secure protocol, and as far as I know, not many P2P clients
offer any secure connection of any sort.