Sometime ago I wrote about how your WiFi might be hacked due to a technical SNAFU in something that is a standard feature of WiFi access points (APs) called "WiFi Protected Setup" or WPS.
WPS allows a device such as a cellphone or a computer to be configured for a specific access point simply by pressing a button on the access point and entering a simple code specific to that AP. The problem with WPS is that the design of the feature has been discovered to make it very easy to break into a WiFi system!
The result is that if you use this feature or even simply have it enabled the security of your wireless service in your home or office could be easily breached and whoever gets in could cause you all sorts of serious problems simply by using your connection to the Internet.
Getting your WPS-enabled WiFi hacked is bad enough but if you really want to roll the dice on your good name and become a magnet for legal problems you can do what millions of Americans still do: Leave your access point unsecured ... what is otherwise called “open”.
Why do so many people leave their access points open? There appears to be two reasons. First, WiFi AP manufacturers “traditionally” (if such a term can be used for something that’s only a few years old) shipped their products unsecured because it was easier for users not to have to think about irritating details such as security. The second reason -- and I have met many people who believe in this -- there’s an idea some folks have about “spreading the goodness”, about making their Internet access available to any passersby who might need such a thing.
Should you have naively left your WiFi access point open for whatever reason, your negligence could not only compromise your personal security and privacy but if an adult film company wins a case brought before the courts in Massachusetts, it could get you prosecuted for negligence and liable for damages!
I am not making this up ... a San Diego producer of adult content by the name of Liberty Media Holdings, LLC, has taken more than fifty people in Massachusetts, both named and unnamed, to court accusing them of using or -- and this is the big thing -- through having unsecured WiFi access points, allowing the sue of BitTorrent file-sharing to illegally download and share a gay porn movie.
The argument that Liberty Media is using is that
Defendants failed to adequately secure their Internet access, whether accessible only through their computer when physically connected to an Internet router or accessible to many computers by use of a wireless router ... Defendants' negligent actions allowed others to unlawfully copy and share Plaintiff's copyrighted Motion Picture, proximately causing financial harm to Plaintiff and unlawfully interfering with Plaintiff's exclusive rights in the Motion Picture.
The first part of the argument regarding physical connection might also allow for the computer owner being considered negligent if, for example, their computer had been hijacked through malware infecting their machine. While this first argument is somewhat of a catch-all it’s the open WiFi claim that is the most interesting.
Now, the chances of Liberty Media prevailing in this case are considered to be slim to none but if they should do so, the consequences would be grave not just to the defendants but also for anyone or any organization that offers free WiFi which would not only include naive users but also coffee houses, restaurants, and even cities that provide free WiFi Internet access.
Even if Liberty Media doesn’t prevail, it’s only a matter of time before having an open WiFi gets someone, somewhere in huge trouble. So, do you run an open WiFi access point? Will you be that person?
