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By CAROLYN THOMPSON, Associated
Press Carolyn Thompson, Associated Press
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Sun Apr 24, 3:35 pm ET
BUFFALO, N.Y. – Lying on his
family room floor with assault weapons trained
on him, shouts of "pedophile!" and
"pornographer!" stinging like his fresh cuts and
bruises, the Buffalo homeowner didn't need long
to figure out the reason for the early morning
wake-up call from a swarm of federal agents.
That new wireless router. He'd
gotten fed up trying to set a password. Someone
must have used his Internet connection, he
thought.
"We know who you are! You
downloaded thousands of images at 11:30 last
night," the man's lawyer, Barry Covert,
recounted the agents saying. They referred to a
screen name, "Doldrum."
"No, I didn't," he insisted.
"Somebody else could have but I didn't do
anything like that."
"You're a creep ... just admit
it," they said.
Law enforcement officials say
the case is a cautionary tale. Their advice:
Password-protect your wireless router.
Plenty of others would agree.
The Sarasota, Fla. man, for example, who got a
similar visit from the FBI last year after
someone on a boat docked in a marina outside his
building used a potato chip can as an antenna to
boost his wireless signal and download an
astounding 10 million images of child porn, or
the North Syracuse, N.Y., man who in December
2009 opened his door to police who'd been
following an electronic trail of illegal videos
and images. The man's neighbor pleaded guilty
April 12.
For two hours that March morning
in Buffalo, agents tapped away at the
homeowner's desktop computer, eventually taking
it with them, along with his and his wife's
iPads and iPhones.
Within three days, investigators
determined the homeowner had been telling the
truth: If someone was downloading child
pornography through his wireless signal, it
wasn't him. About a week later, agents arrested
a 25-year-old neighbor and charged him with
distribution of child pornography. The case is
pending in federal court.
It's unknown how often unsecured
routers have brought legal trouble for
subscribers. Besides the criminal
investigations, the Internet is full of
anecdotal accounts of people who've had to fight
accusations of illegally downloading music or
movies.
Whether you're guilty or not,
"you look like the suspect," said Orin Kerr, a
professor at George Washington University Law
School, who said that's just one of many reasons
to secure home routers.
Experts say the more savvy
hackers can go beyond just connecting to the
Internet on the host's dime and monitor Internet
activity and steal passwords or other sensitive
information.
A study released in February
provides a sense of how often computer users
rely on the generosity — or technological
shortcomings — of their neighbors to gain
Internet access.
The poll conducted for the Wi-Fi
Alliance, the industry group that promotes
wireless technology standards, found that among
1,054 Americans age 18 and older, 32 percent
acknowledged trying to access a Wi-Fi network
that wasn't theirs. An estimated 201 million
households worldwide use Wi-Fi networks,
according to the alliance.
The same study, conducted by
Wakefield Research, found that 40 percent said
they would be more likely to trust someone with
their house key than with their Wi-Fi network
password.
For some, though, leaving their
wireless router open to outside use is a
philosophical decision, a way of returning the
favor for the times they've hopped on to someone
else's network to check e-mail or download
directions while away from home .
"I think it's convenient and
polite to have an open Wi-Fi network," said
Rebecca Jeschke, whose home signal is accessible
to anyone within range.
"Public Wi-Fi is for the common
good and I'm happy to participate in that — and
lots of people are," said Jeschke, a spokeswoman
for the Electronic Frontier Foundation, a San
Francisco-based nonprofit that takes on
cyberspace civil liberties issues.
Experts say wireless routers
come with encryption software, but setting it up
means a trip to the manual.
The government's Computer
Emergency Readiness Team recommends home users
make their networks invisible to others by
disabling the identifier broadcasting function
that allows wireless access points to announce
their presence. It also advises users to replace
any default network names or passwords, since
those are widely known, and to keep an eye on
the manufacturer's website for security patches
or updates.
People who keep an open wireless
router won't necessarily know when someone else
is piggybacking on the signal, which usually
reaches 300-400 feet, though a slower connection
may be a clue.
For the Buffalo homeowner, who
didn't want to be identified, the tip-off wasn't
nearly as subtle.
It was 6:20 a.m. March 7 when he
and his wife were awakened by the sound of
someone breaking down their rear door. He threw
a robe on and walked to the top of the stairs,
looking down to see seven armed
people with jackets bearing the initials I-C-E,
which he didn't immediately know stood for
Immigration and Customs Enforcement.
"They are screaming at him, 'Get
down! Get down on the ground!' He's saying, 'Who
are you? Who are you?'" Covert said.
"One of the agents runs up and
basically throws him down the stairs, and he's
got the cuts and bruises to show for it," said
Covert, who said the homeowner plans no lawsuit.
When he was allowed to get up, agents escorted
him and watched as he used the bathroom and
dressed.
The homeowner later got an
apology from U.S. Attorney William Hochul and
Immigration and Customs Enforcement Special
Agent in Charge Lev Kubiak.
But this wasn't a case of
officers rushing into the wrong house. Court
filings show exactly what led them there and
why.
On Feb. 11, an investigator with
the Department of Homeland Security, which
oversees cybersecurity enforcement, signed in to
a peer-to-peer file sharing program from his
office. After connecting with someone by the
name of "Doldrum," the agent browsed through his
shared files for videos and images and found
images and videos depicting children engaged in
sexual acts.
The agent identified the IP
address, or unique identification number, of the
router, then got the service provider to
identify the subscriber.
Investigators could have taken
an extra step before going inside the house and
used a laptop or other device outside the home
to see whether there was an unsecured signal.
That alone wouldn't have exonerated the
homeowner, but it would have raised the
possibility that someone else was responsible
for the downloads.
After a search of his devices
proved the homeowner's innocence, investigators
went back to the peer-to-peer software and
looked at logs that showed what other IP
addresses Doldrum had connected from. Two were
associated with the State University of New York
at Buffalo and accessed using a secure token
that UB said was assigned to a student living in
an apartment adjacent to the homeowner. Agents
arrested John Luchetti March 17. He has pleaded
not guilty to distribution of child pornography.
Luchetti is not charged with
using his neighbor's Wi-Fi without permission.
Whether it was illegal is up for debate.
"The question," said Kerr, "is
whether it's unauthorized access and so you have
to say, 'Is an open wireless point implicitly
authorizing users or not?'
"We don't know," Kerr said. "The
law prohibits unauthorized access and it's just
not clear what's authorized with an open
unsecured wireless."
In Germany, the country's top
criminal court ruled last year that Internet
users must secure their wireless connections to
prevent others from illegally downloading data.
The court said Internet users could be fined up
to $126 if a third party takes advantage of
their unprotected line, though it stopped short
of holding the users responsible for illegal
content downloaded by the third party.
The ruling came after a musician
sued an Internet user whose wireless connection
was used to download a song, which was then
offered on an online file sharing network. The
user was on vacation when the song was
downloaded.
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