[BBC] UK ISP in file-sharing wi-fi hack - Overclock.net

alex98uk · 10-16-09

Quote:

UK ISP TalkTalk has staged a wireless stunt, aimed at illustrating why it thinks Lord Mandelson's plans to disconnect filesharers is "naive".

TalkTalk has long been an outspoken critic of government plans to cut off persistent file-sharers. The hack demonstrates how innocent people could be disconnected from the network if the plans become law. The British Phonographic Industry stressed that any new system would educate before disconnecting users.

The government is mulling whether to give regulator Ofcom the power to disconnect pirates who repeatedly download illegal content. But ISPs have argued that it is not their job to police the network. In previous court cases it has been ruled that ISPs are "mere conduits" of content.

Furthermore, they argue that under current plans anyone with unsecured home wi-fi could potentially be hacked by those intent to download music illegally. They would face the penalties even though they might be unaware their network had been used for nefarious purposes. The fact that the music industry would presume guilt rather than innocence is a step away from the due process of law in the UK, they say.

Barry Manilow

In order to illustrate the point, a security expert from TalkTalk visited an ordinary street in Stanmore, Middlesex. Within a couple of hours he had identified 23 wireless connections on residential street The Highway, which were unsecured.

He downloaded music files from two connections, including Barry Manilow's hit Mandy and the soundtrack to the 1992 film Peter's Friends. In both cases, the residents had given prior permission to "be hacked" and the content downloaded was legal.

Which? Computing magazine has highlighted several cases where net users were wrongly accused of illegally sharing video games. The British Phonographic Industry (BPI) remains confident that its "robust" evidence-gathering system will not allow innocent people to be caught in the net in the same way as has happened in the video game industry.

"We realise it's possible for mistakes to occur or for people to have their wi-fi connection hi-jacked. So it's important we have an independent and easy route of appeal at all stages in the process. At the moment we envisage a tribunal system to which people would have recourse before any action was taken against them."

The government's decision is due at the same time as the draft Digital Economy Bill, which will appear alongside or shortly after the Queen's Speech to parliament in November.

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chemicalfan · 10-16-09

This has always been the case though - unless the government are going to render unsecured connections illegal (1984, anyone?!), this isn't going to work