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 © 2025 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

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age-Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

'MILFlicious' Launches Through YourPaysitePartner

MILFlicious.com has officially launched through YourPaysitePartner (YPP).

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Eva Maxim, BranditScan Launch 'Killer' Promo

Eva Maxim and BranditScan have partnered for the Killer Creator Giveaway promotion.

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Show More