Leaving Wi-Fi Connections 'Open' Can Be Costly

HAMILTON, Ohio — Is leaving your Wi-Fi connection open "negligent"?

More attorneys are saying yes, and some have even added negligence claims to BitTorrent suits that allege poached content.

One defendant named in a recent BitTorrent suit recently was ordered to pay $10,401 despite statements that he never downloaded or uploaded any of the porn studio's content. In the judgment, he acknowledged his negligence for not securing his connection.

That case, among others, is a cautionary tale for those who don't lock down their connections to the outside world, or even inside their home or office.

Take, for instance, the case of Doe No. 605, who is defending a porn BitTorrent copyright claim with 2,009 other defendants in a claim brought on by adult studio Third Degree Films.

Last week, Doe No. 605 asked a federal judge to quash a subpoena for his identity because he said he had no control over who accessed his Internet connection to steal content inside his home.

Doe No. 605 said that other roommates in his Ohio three-story home could easily been able to have access and download copyright-protected porn.

"The likelihood that an individual, other than Doe No. 605, infringed plaintiff’s copyrights is too great to support any correlation between Doe No. 605 and the alleged violation that plaintiff seeks to prove," Doe's motion to quash brief said.

But that defense is horse manure, some attorneys say.

"I've seen this argument for a motion to quash time and time again," adult industry attorney Marc Randazza told XBIZ. "The attorney defending the Doe simply is looking for a guilty party, and it's not the defendant."

Randazza has compiled a paper (available below) titled "Why Negligence in Torrent Cases?" that explores the risks associated with not locking down your Wi-Fi connection.

"The vast majority of Americans recognize that leaving their Wi-Fi connection open is foolhardy and likely to lead to trouble," Randazza says. "I have heard other lawyers compare leaving your Wi-Fi open to leaving a loaded gun lying around. I think comparing open Wi-Fi to a loaded gun is overly melodramatic and hysterical.

"However, the point is well taken — you are leaving the instrumentality of an illegal act out there for anyone to use."

View "Why Negligence in Torrent Cases?"

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

Show More