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ExtraTorrent.cc > Articles > German User Held Liable for Failing to Secure Wi-Fi

German User Held Liable for Failing to Secure Wi-Fi

German User Held Liable for Failing to Secure Wi-Fi

Added: Monday, May 17th, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
German Court has fined the user who failed to properly protect the Wi-Fi connection, thus making it able for an unrecognized third party to commit the copyright violation by downloading copyrighted content. The ruling looks like sort of things that will come in the United Kingdom after enacting the Digital Economy Act.

The Germany’s top criminal court ruled recently that users can face the penalties of up to €100 ($126) for being unable to properly secure the wireless connections aimed at preventing any third parties from violating the law by illegally downloading copyrighted content.

The court said that private users are responsible for making their Wi-Fi connection adequately secured in order to eliminate the danger of any unauthorized people abusing it for committing copyright infringement. Fortunately it specified that private users can only be required to protect the router with password and nothing more than that – no expensive equipment upgrades are required and no line encryption methods are to be obligatory used, just an ordinary password to secure the router from intruders.

The present case follows the one where a musician accused an Internet user of illegally downloading his track and later making it available on an unspecified peer-to-peer network. However, the user registered with that IP was found out to be away on vacation at the time of the incident. Nevertheless, the court found him liable for failing to secure his wireless connection from illegal use by others.

That resembles the way things will develop in the United Kingdom after enacting the Digital Economy Act, which contains banning public access Wi-Fi, let alone website filtering and a “three-strikes” regime involving a graduated response for copyright infringers.

UK Internet Service Provider TalkTalk has already reported last fall in its Wi-Fi survey that over 40 per cent of wireless connections were vulnerable to unlawful use. The spreading of wireless hijacking can lead to innocent people disconnecting, which of course makes users nervous. As also the recent news of cheap USB Wi-Fi crackers that can be bought on any street of China does. Almost anyone can find himself in a situation when it appears to be very difficult to prove in a court of law that his Wi-Fi connection has been hijacked by an unrecognized third party as he lacks the resources for doing so.

May 17th, 2010

Posted by: 

Date:  Monday, May 17th, 2010

Comments (17) (please add your comment »)

posted by (2010-05-17 11:11:54)
C374R avatarNeo: The Matrix?
Morpheus: Do you want to know what it is? The Matrix is everywhere. It is all around us, even now in this very room. You can see it when you look out your window or when you turn on your television. You can feel it when you go to work, when you go to church, when you pay your taxes. It is the world that has been pulled over your eyes to blind you from the truth.
Neo: What truth?
Morpheus: That you are a slave, Neo. Like everyone else you were born into bondage, born into a prison that you cannot smell or taste or touch. A prison for your mind. Unfortunately, no one can be told what the Matrix is. You have to see it for yourself. This is your last chance. After this there is no turning back. You take the blue pill, the story ends, you wake up in your bed and believe whatever you want to believe. You take the red pill, you stay in Wonderland, and I show you how deep the rabbit hole goes. Remember, all I'm offering is the truth, nothing more. Follow me. Apoc, are we online? ...thank you SaM, very important article 4 all of us :)

posted by Site Friend (2010-05-17 11:20:33)
magiccrack avatarvery nice article SaM thanx for a good read on security.

everyday... ppls use their internets and might not know its being hijacked, in otherwords they might not know how to secure it in the first instance if its not secured by default.

most installations i have done have been secured none unsecured, maybe the provider of the wireless access should be held liable for not making their product secure when its in use. throws all privacy statements out the windows so it does.

take care all... ET - place to be

posted by (2010-05-17 12:16:18)
eas125 avatarThat is absolutely insane! I'm sure most of us here can secure a network in a few secs. But that is the exception, not the rule. Most people have no idea what to do in order to secure their network, or even that they should. You start spouting of terms like SSID, WEP, MAC Address, and you get drool, not interest. What's next? Arresting fat people for not being heart surgeons?

posted by (2010-05-17 12:30:32)
arrimmapirate avatarI'm sorry, but leaving your network not secured is just stupid. You can't claim ignorance as an excuse. People don't generally leave their houses unlocked when they go out.. If your dog gets away from you and it bites someone its your fault.. People need to accept responsibility for their actions or inactions. I'm pretty sure that most wireless routers have documentation on how to secure your system. take the time to read, and figure it out, or call the support numbers listed.

posted by (2010-05-17 14:17:43)
SnakeyB avatarThanks SaM, Although I agree with you arrimmapirate, that people should secure there network (for there own protection), It shouldn't be law that they do. I have never heard of a cable/Satellite company being fined for people watching TV/pay per view without paying. The people that steal these signals are blamed not the providers. So why is different with a common citizen? Because it easy to scare the common people by large corporations, not the other way around.

posted by (2010-05-17 15:25:24)
arrimmapirate avatarSnakeyB, I understand what you are saying. But unfortunately those big corporations have the money to back up their convictions. It seems that in our legal system (most of North America) it doesn't matter who's right or wrong, its who's got more money. The system is to blame, not the people. But it's our responsibility to protect ourselves from becoming the target.

posted by (2010-05-17 17:48:20)
No avatarBy this logic if someone were to steal my car, if i left it unlocked outside a shop for five minutes, and ran over several people i would be getting the manslaughter charge.

posted by Blocked (2010-05-17 20:25:31)
carolina avatarthe charge would be more like aiding and abetting...which you WOULD be guilty of, the thing is most prosecutors don't bother with the small fish but with the actual criminal, unless someone with money/power force their hand by politically motivating them to do so.

posted by Blocked (2010-05-17 22:51:50)
menahunie avatarI wonder what is going to happen with that FREE WIFI at Starbucks and other places?

posted by Blocked (2010-05-17 22:52:38)
menahunie avatarOh I also forgot all those free access points at universities heheheh

posted by (2010-05-18 00:18:32)
mork_blasphemy avatarwhatta load of BS,nowadays there are more and more old ppl using the internet and they don't know how to do anything else besides surfing around the web,they have no idea that they need to protect whatever it is,in this specific case,a warning would be the answer and if the dame thing happened again ,then yes some measures should be taken,but not just like this!!

posted by (2010-05-18 01:52:54)
evilmother avatarwhat a joke 1 most joe homeonwer dont know how to set the password 2 most ppl that want your free wi fi can hack it all a password do is keep honest ppl out like locks on doors if the bad guy wants in he will get in This is like ppl going after gun makesr becose someone got killd by there gun the gun can only kill if some one pulls the triger If your that stupid to put the gun to your head dont blame the ppl that made it

posted by (2010-05-18 19:26:58)
No avatarthats funny secured or unsecured ill get into ur wifi ;) so for them to think if they had secured it that it wouldnt have happened is a joke. Wifi AIO HAcker

posted by (2010-05-18 19:46:03)
savlon3 avatarhi iam in my late 60s and for a while i thought my the lad nex door was useing my broad band, as i had a bitmeter on my computer as my isp was saying i was downloading for three months 106gb a month my bitmeter was saying 34gb i am with my isp for three years and not once did i go over 40gb , my cap is 100gb but i started to watch my downloading and uploading i picked small torrents at 700mb or less but say i done 2 700mb a week it was showing i had done about 18gb, so i finished my torrents and done nothing on my computer just left it running for two days when i checked my bitmeter i had done 4gb , so i got a friend to check my hub and he said it was fine, but this went on for a few months and my isp rput restrictions on me for a month, i got 1meg and less for that month, so i did no movies but still my bitmeter was saying i had done 16gb, so i phone my isp and told them i said i never done a100gb in a year never mind a monthetc but they said i must been downloading big files and my bitmeter was wrong and they were right and i had to watch what i was downloading, so after a few days i rang again and got a different guy and told him, he said he would check my encriptionand, he come back and told me to keep an eye on it for a few days and see what happens, and did this and not 1gb was on my computer and every thing is fine now, and then they sent a tec guy to my house and he done something to my hub and wireing, but i dont know what he done, but when they told me he was coming i cleared all my stuff of my desk top that i done my movies with and my proxpn just in case he was snooping lol, i think the lad nex door was hiting on me as he played games with a friend abot 40 miles away i asked him had he good speeds, he said i dont know i just get on my computer and away i go i then asked him who was his isp agai he said i am not sure my wife would know, when i asked her a few days later , she said she couldnt rember asked her husband, so my suspicions is still there i have wifi and streaming on my computer, and this lad use to build computers a few years back, so i will never know.

posted by Blocked (2010-05-18 21:15:21)
No avataromg thats just plain rude.... good read tho

posted by Blocked (2010-05-19 05:07:01)
menahunie avatarsavlon3 - get some one who can check your network logs. If this person next door was using you bandwith it will show and also an IP assigned to them by the router. You can prove this you might have recourse in small claims civil matter since their actions caused you "harm" with your ISP...

posted by (2010-05-20 08:32:12)
Gaspode avatarHang on a minute...2 points to ponder...

1...Did the router manufacturer supply a manual with warnings about and FULL instructions on how to lock down the connections to the router? Maybe a lawyer should shift part of the fault for this to manufacturers who shift out products without a proper guide?

2...This might actually be an escape route in our favour? Up in front of a judge for downloading 4 Tb of films, software and music and facing a fine running into five figures or wirelessly download the same amount or more to a laptop conveniently left at a friends house and if there's a knock on the door and your "caught" then confess under torture that you "failed to secure my connection it's true, admit it and walk off after paying about 100 of the local economy banknotes???

Agree with menahunie, lock it with WAP2 and MAC filtering.....and when it's not in use, 2 weeks in the sun come to mind, TURN IT OFF

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