Broadband Tech > Security > Wireless Security > Who Accessed His WAP?

reply to voiplover

Re: Who Accessed His WAP?

No. I'm suggesting that you sue the same individual, but for allowing his network to be used for the posting.
Sort of like suing the owner of a vehicle that crashes into to you but the driver is unknown because they left the scene????? Unless you can prove that this person was the one that typed the posted material. FAT CHANCE.

I'm not aware of any legal basis for imposing liability on the owner of an unsecured WAP for things that are posted through that connection. In fact, I'm pretty sure that the Decency Act protects them. That's why your ISP isn't responsible for things that you post using its connection.

In reality, I don't think it's going to be very hard to prove that the defendant posted the comment. Given the fact that he harbored animosity towards me, it would be one hell of a coincidence if some stranger just happened to come along at 10 p.m. on a Friday night to access his WAP on the 11th floor of an office building to post something about me.

Sorry if I wasn't clear before as to the nature of the conduct that gave rise to the suit. The defendant posted a comment under my name that was critical of judges before whom I practice. Thus, he wanted those judges to believe that I was publically expressing unprofessional comments about them.

If it was merely a matter of a person expressing opinions about me, I couldn't and wouldn't sue. Opinions are protected free speech. As such, they are not actionable. The problem here is that the defendant fraudulently represented that he was me and he falsely attributed damaging statements to me.

What would you do under these circumstances to seek redress?

I personally wouldn't know where to start since I'm legally ignorant about how to go about such things. I'd check with the EFF though as they might have a much better idea what to do.

I do not believe that you will be able to definitively prove the author of the offending emails either way, as not only is proving that his machine was not "hi-jacked", difficult, you further could not prove that someone else simply may have typed that from that site...

However, as there is a proven history of conflict here, and it is known that at the very least, the fraudulent emails originated from his ISP address, I would rather suspect that it is more incumbent on the defendant to prove that they did not originate from him, yes?

After all, this is a civil suit, not a criminal trial.
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Deeds, not words

reply to howrman

reply to howrman