said by IamGimli:
Except they don't have to prove it was you who committed the offense, only that you are responsible for it, which your ISP's ToS clearly spell out.
And the "rules" aren't "a bit more relaxed in civil court", they are completely different. Criminal responsibility must be proven beyond reasonable doubt. Civil responsibility must be proven based on a balance of probability. That means if they can prove it's more likely to have been your account than any other that was used to commit the infraction, then the judgement goes in their favour.
Just like red light cameras issue tickets to the owner of the vehicle, whether they can prove he was driving or not.
Both sides have to make the case with a strong burden on the extortionist who will have logs and hash tags etc etc.
Reminds me of the time my bro-in-law got a videotron copyright notice. Time stamps on videotrons "proof" that was passed on to them showed both parents were at work and the kids at school, and it was for some ipod thing and no one in the family had any apple product... Was interesting..