Are You Liable If Someone Does Something Illegal On Your WiFi?

**Krell** · March 20th, 2006, 06:21 PM

from the you-shouldn't-be... dept

For years, whenever the press has written one of their fear-mongering stories about open WiFi, they almost always include some tidbit about how if someone uses your network to do something illegal, you can be arrested for it. It's one of the popular open WiFi horror stories -- but is it true?

Well, of course, you can be arrested, but it's unlikely that there would be any legal grounds for the arrest. The latest debate on this issue comes from a tech writer at the Houston Chronicle who is taking Tim Lee to task for an op-ed piece Tim wrote in the New York Times about open WiFi. The Chronicle writer says Tim is missing the real security issue, about how the RIAA can go after you if someone downloads music on your open WiFi. While it is true that they can go after you, there are valid legal defenses for this -- as has been discussed for years.

If you are legally sharing your WiFi, then you are a service provider, and under current laws you are not liable for what others do with the service. That's what it says in the Communications Decency Act, and it clearly applies here. In fact, we've even heard stories of people purposely leaving their WiFi open for this very reason -- as it gives them a legal defense should the industry ever come after them. Of course, it's worth noting two things.

First, the entertainment industry likes to pretend this defense doesn't exist, even though it's pretty clear in the law -- and they could convince some judges to ignore it. Second, none of this takes into account whether or not your service provider allows you to share your connection via WiFi -- as most do not.

However, that doesn't take away from the defense that you aren't responsible for what others do with your connection. You may be investigated for it -- but the use of your network does not automatically make you guilty, and there's a very reasonable defense against it.

http://techdirt.com/articles/20060320/1636238.shtml

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**charlesmelissa** · March 21st, 2006, 05:24 AM

Well said Krell. That is the very reason I leave my WiFi open. The only problem is it makes it easier for someone that is stealing your WiFi to hack your computer, so you needyour firewall set to not trust the local connection and file sharing over the local network only for what you want EVERYONE to be able to download. I saw that defense and I said "An ounce of prevention is worth a pound of cure.

Or course the assholes can still sue you, but remember- they can't win so people will have to stand up to them. Another recommendation is to move your inactive downloads off your computer as soon as possible. The natural use of your computer and the defrags will write over the space on the hard drive to provide a further level of defense.

**mfgbypooter** · March 21st, 2006, 05:37 AM

If you accidentally leave your keys in your car, and someone steals it and uses it in a bank robbery, are you liable?

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**Ne007** · March 21st, 2006, 07:24 AM

Originally Posted by mfgbypooter

If you accidentally leave your keys in your car, and someone steals it and uses it in a bank robbery, are you liable?

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That makes sense to me, but to the RIAA/MPAA and it's evil minions (the judicial system and lawyers), the internet is a completely different animal.

It's an animal that, if you shake it so hard and enough, money comes shooting out it's ass and lands in the right pockets. It's a magical animal to them.

**Krell** · March 21st, 2006, 09:51 AM

Originally Posted by charlesmelissa

Well said Krell. That is the very reason I leave my WiFi open. The only problem is it makes it easier for someone that is stealing your WiFi to hack your computer, so you needyour firewall set to not trust the local connection and file sharing over the local network only for what you want EVERYONE to be able to download. I saw that defense and I said "An ounce of prevention is worth a pound of cure.

Or course the assholes can still sue you, but remember- they can't win so people will have to stand up to them. Another recommendation is to move your inactive downloads off your computer as soon as possible. The natural use of your computer and the defrags will write over the space on the hard drive to provide a further level of defense.

I hate to say it, but that's naivve. I do forensic computer work . . I'm the LAST guy you ever want to snoop on your system. I will bury you in one minute.

Even if you were to clean your Index.dat files, clean the registry and could rework the MFT, I would still prove you use P2P . . there's no hiding it.

You can not erase the signs of P2P, and if anyone seizes your PC, there's nothing you can do, if they do not sieze your PC, theres still nothing you can do, because you cant feign a system being clean after the fact . . at least the average Joe can not.

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**charlesmelissa** · March 21st, 2006, 12:55 PM

You da'man Krell! I know that doesn't remove traces of P2P, but I am looking at it from a legal standpoint of introducing "reasonable doubt" that I downloaded and shared a song named "Whatever." It is a matter of being able to introduce doubt that I had downloaded any song that I was accused of downloading.

I don't deny that I used P2P to download works in the Public Domain, but the idea is to keep it from being proven in court that I downloaded a song I am accused of downloading "Beyound Reasonable Doubt."

So from someone that looks for files on a hard drive, what could I do short of wiping and reformatting a hard drive to introduce the amount of "Reasonable Doubt" needed as a defense in court (or would the wipe/reformat even do it)?

**Malakai1911** · March 21st, 2006, 01:29 PM

Use whole disk encryption, forget decryption keys.

**Krell** · March 21st, 2006, 01:31 PM

Originally Posted by Malakai1911

Use whole disk encryption, forget decryption keys.

That's almost a confession, and since the packets went to the MAC address of your modem and router, that's all thats needed for a civil case.

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**mfgbypooter** · March 21st, 2006, 01:54 PM

Originally Posted by charlesmelissa

what could I do short of wiping and reformatting a hard drive to introduce the amount of "Reasonable Doubt" needed as a defense in court?

Just show up in court looking and acting retarded, drooling and babbling incoherently, appearing to be so incompetent that there would be no doubt that you could ever even turn on a computer, much less operate it.

That should pretty much do the trick.

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**syntax** · March 21st, 2006, 04:17 PM

Is it wrong that Im using someone elses broadband to post this right now?
Could I theoretically make threats against the president and not get caught?
If I were an anonymous poster ( which Im not ).

**Ne007** · March 21st, 2006, 04:43 PM

Originally Posted by charlesmelissa

I don't deny that I used P2P to download works in the Public Domain, but the idea is to keep it from being proven in court that I downloaded a song I am accused of downloading "Beyound Reasonable Doubt."

It would be a civil case and all they would have to do is show that it was likely that you did it....they don't have to prove it.

PLUS...it is NOT likely that you would make it to court, as they would extort the $3,000-$4,500 out of you, before you would go to court with the threat of losing Hundreds of thousands of dollars if you lost.

Would you take that gamble?

**brock01** · March 21st, 2006, 04:58 PM

id say yes, secrue it if you dont want people using it..

**shawners** · March 21st, 2006, 06:22 PM

I remember there being a program that destroys the hard drive from being accessible. Maybe look the link up later, but there are signs and crap that can be traced. Just call up my isp and ask how much i go over a month. 100 gigs? or more.

**RACKnRAIL** · March 29th, 2006, 09:23 AM

I am currently posting this from someone's unsecured linksy network. I live in, what most people consider, a rural area and it amazes me at how many ppl do not secure their networks...even way out here in the sticks. I say sticks, but I am only 20 mins from town.

**RACKnRAIL** · March 29th, 2006, 09:26 AM

Originally Posted by shawners

I remember there being a program that destroys the hard drive from being accessible. Maybe look the link up later, but there are signs and crap that can be traced. Just call up my isp and ask how much i go over a month. 100 gigs? or more.

I recall a couple myself. I don't know much about this, but is it a fact that data can still be recovered after over-writing the HD lets say a dozen times with Kill Disk or BootnNuke, etc.? I always thought even the FBI could trace anything after 7 over-writes.