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

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More