Illegal activity off of neighbor's wifi - Who should get charged?

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Reasonable effort is not defined in the statute however and I am guessing that would be at the discretion of the judge.I seriously doubt that public wifi providers can be held liable for anything like this or there would be no public wifi.

That's a good point though - what if someone had torrented Wolverine from Starbucks - there's only so much info that the ISP could give out even if a subpoena is issued. I guess the ISP might have kept the originating MAC address?

Then again, if they had a time they could also subpoena Starbucks video surveillance, not that it would help much unless all the patrons had hats with their name stamped on it...
 
If ther person family didn't know that it was happening, how would they know they needed to stop it?
Theres an interesting debate point...

Funnily enough, the thread title says what should get charged: the creepy guy nest door, end of.

If only it were that simple :rolleyes:
 
They wouldn't know what was happening at the TIME, but they could easily take preventative measures.
 
That's a good point though - what if someone had torrented Wolverine from Starbucks - there's only so much info that the ISP could give out even if a subpoena is issued. I guess the ISP might have kept the originating MAC address?

Then again, if they had a time they could also subpoena Starbucks video surveillance, not that it would help much unless all the patrons had hats with their name stamped on it...

I just don't see anybody getting prosecuted for getting their wifi leached. Unless intent could be proven. This would open up an enormous can of worms.
 
That's a good point though - what if someone had torrented Wolverine from Starbucks - there's only so much info that the ISP could give out even if a subpoena is issued. I guess the ISP might have kept the originating MAC address?

Then again, if they had a time they could also subpoena Starbucks video surveillance, not that it would help much unless all the patrons had hats with their name stamped on it...

Mac addresses can be easily editted and hidden and you would probably track them by a credit card and video surveilance combined. If they paid by cash though then its fairly anonymous or atleast to the point where its not worth police time to track down a person who can only be proven at time of offence to of torrented one film.
 
Mac addresses can be easily editted and hidden and you would probably track them by a credit card and video surveilance combined. If they paid by cash though then its fairly anonymous or atleast to the point where its not worth police time to track down a person who can only be proven at time of offence to of torrented one film.

That's true. Also it occurs to me that the RIAA or MPAA might be hesitant to level charges against a giant like Starbucks - they can afford good lawyers too! Just not us little guys... :(
 
That's a good point though - what if someone had torrented Wolverine from Starbucks - there's only so much info that the ISP could give out even if a subpoena is issued. I guess the ISP might have kept the originating MAC address?

The problem with places like StarBucks is that the speed is not that crash hot to begin with. So if you going to have a latte with Uncle Torrence, you are going to be waiting for a long time.

THe other thing that have notices, and I know that MacDonalds Australia as put this into place, is that the Free WiFi will only allow you to download 50mb. After that, your Mac Address is recorded and you will not be able to access the internet for another half hour. Plus i would not surpise me if places like MacDonalds might behind a filter of some sort. The last thing some family needs is there child pointing out to their parents that the person in the next table is watching porn.

As for public libearies. My mom used to work in one, and she was commentting that they have not only a filter, but monitoring system put in place. So the staff can see what on any of the public computer screens. She was also commenting that after a while, you could work out who was surfing porn in the computer. It was verious things body language that just gave that way. Normally sitting in such a way where both upper body and head will block most of the computer screen and the constant looking over the sholder to see if any one is watching.
 
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