Do you have your WIFI secured?
In theory, we all know that an unsecured wireless connection could be used by unauthorised persons, but do we really care? Well, we should – as some of those people might use our unsecured WIFI connection to commit a criminal act.
Recently, a high school graduate posted threats on the Internet, geared at his old school. Tracking down the IP address used, the police knocked at the door of the boy’s neighbour, who thus became a suspect in the inquiry. Since his internet connection had been used to post the threats, the neighbour had to prove his innocence. Just saying so, assuming that someone else must have abused his wireless connection was not enough to clear his name.
Luckily, the neighbour had secured his internet connection right from the beginning, and so it was concluded that the perpetrator must have known the password. The man remembered that he had once given out his password to the young graduate. The police followed up on the lead and, eventually, the boy admitted to having used his neighbour’s network to post the threats.
However, things could have turned out rather bleak, had the connection not been a secured one. An unsecured network can be used by anyone driving by and owning a laptop to post and spread threats, child porn or spam over the Internet. This is no longer a scenario from Hollywood – stuff like this really happens! And when an unsecured WIFI connection is used to commit an offence, the owner of that connection might have a really hard time to bring a solid proof of his or her innocence.
Not a criminal act, but still a wrongful act
Under Dutch criminal law, the unauthorised use of someone else’s wireless internet connection is not an offence; however, under Dutch civil law, it still stays a wrongful act. The issue under debate is whether or not the damages caused by the wrongful use of another person’s wireless connection could be claimed from the perpetrator, as quite often the owner is not even aware of somebody leeching off his or her connection. And, after finding out about it, it is rather difficult to put a price tag to the damage done. One possibility would be to claim a pro ratio part of the subscription fee from the perpetrator; however, this would still need evidence, that is most often not readily available.
In cases of serious criminal acts committed via this person’s wireless connection, the police might immediately operate arrests. The financial, moral or emotional damages suffered as a result of this could then be interpreted to be damages ensuing from unlawful actions, and if the perpetrator can be identified, action could be taken towards their remedy.
No password – your own (ir)responsibility?
Just like owning valuable art and leaving it uncovered by insurance, an unsecured WIFI connection can be interpreted as a failure to protect one’s own privacy. According to a recent case in Germany, the Court inclines to see it as the connection owner’s responsibility to secure it against unauthorized use. Finnish lawmakers are about to pass a law that makes securing a WIFI connection compulsory; making any abuse and the consequences thereof the responsibility of the owner who has not properly secured his connection. One might wonder: when will The Netherlands catch up with this trend?
Care instead of cure
Leaving your WIFI connection unsecured is like inviting thieves into your home. The consequences of the unauthorised use by a stranger can be tough and upsetting for the connection-owner; and fighting such unlawful action in court can be really tedious. This is why we strongly recommend securing all WIFI connections with a “strong” password, combining digits, symbols and upper & lower case letters.
