Japanese Police Arrest NYAA 'First Uploader,' But Not by Watching the Swarm * TorrentFreak

Japanese Police Arrest NYAA ‘First Uploader,’ But Not by Watching the Swarm

For many years, NYAA has been heralded as one of the top sources for anime content, serving an audience of millions of users.

The site was launched more than two decades ago and the brand is still going strong today, as it’s traditionally one of the most visited torrent sites.

NYAA’s popularity hasn’t gone unnoticed by rightsholders. The MPA previously targeted the site’s GitHub repo, although that was later restored. Additionally, Japan’s Content Overseas Distribution Association (CODA) has been trying to disrupt its activities for many years.

Among other enforcement efforts, CODA teamed up with Japan’s Ministry of Economy, Trade and Industry (METI) in a Cross-Border Enforcement Project to identify NYAA uploaders. This effort recently resulted in a high-profile arrest.

Police Arrest NYAA Seeder

Last week, the Cyber Investigation Division of the Kyoto Prefectural Police, working with Fushimi Police Station, arrested a 56-year-old unemployed man from Sagamihara, Kanagawa Prefecture. Kyodo News named the suspect as Masakazu Ono.

CODA announced that the man allegedly was the "first uploader" or initial seeder for the NHK drama ‘Midnight Taxi.’ The series is copyrighted by NHK and WOWOW, both connected to CODA member companies.

According to the police, the man allegedly uploaded roughly a thousand NHK recordings over some five years. He reportedly admitted the offense, noting that he wanted people around the world to see NHK’s work.

As the initial NYAA seeder, the suspect allegedly had a full copy of the file, suggesting that he might be the original source for the leak. CODA notes that the arrest is part of a landmark case.

"CODA regards the arrest of this first uploader as a landmark case in addressing copyright infringement involving torrent sites," the group announced, noting that more actions may follow.

"While closely monitoring the details of the case as they are revealed through future investigations and criminal proceedings, CODA will continue to work toward the proper protection of copyright and implement effective measures against similar acts of infringement."

Sankei previously reported that Kyoto police opened the investigation around April 2024, which also suggests that this case isn’t just about tracking an IP-address.

Hacker Tool Didn’t Touch the Swarm

CODA partially credits the successful enforcement action to an analysis tool developed by the Japan Hacker Association, a cooperating organization in its Cross-Border Enforcement Project.

The mention of this tool triggered immediate speculation in the anime community that it simply logged IP addresses inside a BitTorrent swarm, the same technique copyright holders have used against file-sharers for close to two decades, and that the suspect had failed to use a VPN.

However, CODA says that isn’t what happened.

"The tool does not analyse activity within the BitTorrent swarm itself. Instead, it analyses how data moves through torrent sites, such as index sites and tracker sites," CODA informed TorrentFreak.

While this answer rules out a simple torrent-logging tool, it raises many new questions. What is this tool tracking exactly, how did it identify the suspect? After all, analysis at the index and tracker layer does not ordinarily produce the address of a broadband subscriber.

CODA notes it is unable to disclose the specific analytical or investigative techniques, as that could negatively impact future investigations and enforcement activities. It stressed that the suspect was ultimately identified through an investigation conducted by the Kyoto Prefectural Police.

Three Leechers Were Caught

While the arrest of the seeder is the lead angle, CODA informs us that it wasn’t the only enforcement action.

"While the primary objective of this case was to identify and apprehend the first uploader, three secondary uploaders (i.e., leechers) were also apprehended as part of the investigation," CODA said.

The group later clarified that these three were handled by a different police force, in a subsequent action connected to the same site.

Local reports say that three men, in their forties and sixties, were referred to prosecutors on the same charge, rather than arrested. They allegedly downloaded the files, which BitTorrent shares back to other users by default.

That last detail is important, as this suggests that anyone who shared the torrent could have been caught. After all, BitTorrent clients share back by default, including the qBittorrent software the main suspect reportedly used.

CODA made the same point in its public announcement, warning that many torrent clients upload automatically, so simply using them can result in criminal liability under Japanese law. This type of messaging also helps increase the deterrent effect of the enforcement action.

Not Over...