Originally Posted by joebloggs
you beat me to it Andy,
well i disagree Andy there is no law saying you need a secure wireless network, so not my problem if someone used my unsecured wireless router to download a scooter album, as i would be the victim here, as i'm pretty sure it is illegal to connect to some elses router.
yes like scouser keith said they would need to contact your ISP.
i would probably write back to them telling that i know nothing of IT, only know how to turn the pc on, and i have only just found out from a friend my wireless router is unsecure, and now its secure, but i have never downloaded any scooter album nor would i want to
and so please supply evidence you have it was me or stop harassing me
and if i was taken to court, that would be my defence, must have been some scouser using my unsecured router
But is igornance a defence?
I would not want to be the one to test it.
Look how many people have been prosecuted because they claim their children used the pc in download cases. Still prosecuted the parents.
No one says you have to lock your car, and take the keys out but it would be hard to prove someone stole your car and had an accident then put it back unless they had stolen the keys. Ie its common sense surely? Same with pins numbers the banks big reason for pin numbers was it meant that if someone used the account they knew the code and that you were not supposed to allow anyone to know it. Of course card cloning meant many people get quite rightly compensation in most cases but if you said you didn't take precautions to protect it or gave someone the details you would be at fault.
I wonder what the ruling would be if you had an unsecured wirless connection and used online banking would it invalidate any insurance/protection. As if you read the t and c's of most i et you would find yo must run av, antispyware, update pc and most likely use secure connection? I remember at least one police force was reporting you if you leave a house or car unattended with a window/door open to insurance companies (not sure how but i rember the report well)
But depends as you say on the laws view and what they think.
The police and courts in the UK seem to think tracking where people are with mobiles and if they made calls makes good evidence. Surely they have to prove the phone not cloned or borrowed, or do they?
I doubt the law firm would take it all the way but who knows. A law firm threatened to sue my firm and other partner companies, as they said it costs us near to nothing and gives the juniors something to do (an actual quote) Luckily we were covered our tracks with good audit trail keeping and the issue was sorted. Law firms big and small make money from nothing a lot of the times, very few doing bad at the present...
Of course you would have wiped all the hdd's in your house to nth degree.
Could you claim that no youtube/google etc account signed in your name had never searched for a scooter album.
youtube had to release their logs a while back i think? I dont follow filesharing it bores me to be honest so early noughties i think only old blokes do it now
Most people spotify, last fm or stream somehow it seems
Go for the plead igorance but make sure you get proper legal advice i would have thought cases on this matter are setting precedent at the moment and i would not want to be the test case with possibly a judge who doesn't get technolgy or one that thinks he does..
Good luck and worth checking out with the CAB at least just in case that there is no issue.
