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WiFi Hotspots Elude RIAA Dragnet

mblase writes "A CNET News article discusses a problem the RIAA is having with its copyright enforcement strategy: public wireless hot spots. Normally, the RIAA notifies the ISP when a user is found to be violating their copyrights, but in this case, the ISP is powerless to do anything. Key quote: '...unless the administrator keeps detailed logs of everybody's account use - which is not required by law - she may well not know who was swapping files.' I wonder how long it will be before those detailed logs ARE required by law?"

30 of 400 comments (clear)

  1. I wouldn't worry by I+Want+GNU! · · Score: 4, Funny

    I'm sure Senator Hollings will pass a bill that bans WiFi access, in order to solve this problem of cataclysmic proportions.

  2. Dynamic IP's Extra by Ken@WearableTech · · Score: 4, Interesting

    This gives rise to a solution to these and similar lawsuits. Whether or not the ISP's have a choice in turning over the customer information when they have the IP address subpoenaed it does generate a loss because they will have staff or outside lawyers look into it on every case. If this continues and expands then it may be cost prohibitive to the point that the ISP's just stop logging. I think larger ISP's might do this to avoid billable hours and small ISP's will do it as a feature.

    Will people be happy to get rid of that static IP for a dynamic one?

    1. Re:Dynamic IP's Extra by KrispyKringle · · Score: 5, Insightful
      I don't think so. The benefits of logging (detecting unauthorized or illegal use such as spam, computer vandalism, abuse, or trespass, and preventing other more heinous activity) far outweigh, for most ISPs, the minor inconvenience of dealing with a few occasional subpeonas, I would think. Hundreds or thousands of letters are sent, certainly, but not nearly as many cases of user information requests happen.

      Granted that Verizon was willing to spend quite a lot in a protracted legal battle, but I think they'd be more willing to do that then stop logging. There really is a huge incentive for ISPs to log, even if they no longer charge by the hour.

    2. Re:Dynamic IP's Extra by Mistlefoot · · Score: 5, Interesting

      The ISP's should be billing the RIAA $40 or so per hour (or whatever it costs) to sift through their logs. THere is no way this should be paid for by the ISP. If I try to access records through my local courthouse I pay fees. It is not free for me to get information that I have a right to access. I don't think it should be free in this circumstance either.

    3. Re:Dynamic IP's Extra by cait56 · · Score: 4, Interesting

      Exactly. The ISP needs to be able to prove that it is not the source of DoS attacks and/or spam. So ultimately for reasons totally unrelated to the RIAA they will have logs to show who was the authorized user of an IP address at any given instant.

      Don't think of ISPs protecting file-sharers, shift it to protecting distributers of child pornography. There is no way that ISPs will not be forced by explicit law and/or by the need to defend themselves to have such logs.

      In fact, I can imagine a strong legal case that providing untracable access to an IP network is an attractive nuisance that the ISP knew, or should have known, would be used in the commission of felonies. Big time liabilities lurking.

    4. Re:Dynamic IP's Extra by Junior+J.+Junior+III · · Score: 4, Funny

      My logs are copyrighted, and if the RIAA wants to see them, they have to agree to an EULA stating that they won't sue me or anyone named in the logs, and on top of that they must also pay $25 for a copy of the log on CD, which they are not allowed to copy, distribute, or share.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    5. Re:Dynamic IP's Extra by drsmithy · · Score: 4, Insightful
      Don't think of ISPs protecting file-sharers, shift it to protecting distributers of child pornography.

      Ah yes, the political equivalent of a ten year old bursting into tears. If all else fails, play the "but won't somebody think of the children" card.

      In fact, I can imagine a strong legal case that providing untracable access to an IP network is an attractive nuisance that the ISP knew, or should have known, would be used in the commission of felonies. Big time liabilities lurking.

      And should this same principle apply to anybody providing any form of anonymity to others ?

    6. Re:Dynamic IP's Extra by Ryan+Stortz · · Score: 5, Insightful

      Beautifull. If the RIAA doesn't agree to the EULA, then they can't prosecute. Then they'd most likely go to court over it, if they lose all ISPs can do this. If they win, EULAs are invalid.

      --
      Bugs are just features that have been fixed.
    7. Re:Dynamic IP's Extra by VPN3000 · · Score: 5, Informative

      I used to work for a major ISP and had a security/abuse role.

      About 95% of our customers were on dynamic IP dial-up accounts. If we were contacted to locate a user who was using a specific IP at a specific time, it would take all of 3 minutes to identify the user, duration of login, newsgroups accessed, pop3 mail access, phone number they dialed in from, and any other transactions that produced a line in the radius logs.

      We are talking about a simple grep here, not a big search requiring many man hours like you guys make it seem. Sure, the logs are huge, but computers are fast these days.

      These logs would archive on a raid array and be accessible for 90-120 days. After that, it would require a tape restore to locate them. Either way, it takes no time at all. There was usually a 365 day log attached to the user's billing information that kept track of time connected, access numbers utilized, etc for billing dispute purposes (ie. "I didn't use your services for 150 hours two months ago and I want my money back" BS people would try and pull).

      Small ISPs have more trouble with this? Lord no, they have less users, thus logging requires less resources. I'd hate for my fellow geeks on here to think it actually requires a bunch of work to log properly, you should know this if you've ever been any type of admin. tsk tsk.

      ISPs have to log this sort of thing for the sake of liability. If the FBI shows up wanting information about a users and you consistantly have no information for them, eventually they will hold you responsible for your user's crimes. That's how it works here in the states.

  3. I always wondered about this... by Dr+Reducto · · Score: 4, Interesting

    I always thought that the true anonymous internet would come when unsecured Wi-Fi was rampant. How are they going to carnivore anyone when they aren't tied to the other end of a line? There is no way to really know who is doing what on Wi-Fi.

    1. Re:I always wondered about this... by Slowping · · Score: 4, Interesting

      you're forgetting the "analog hole" of this problem... they may not have perfect technology for tracking WiFi, but they have cameras everywhere. Once they get a big enough case, they isolate the videos around the access point, track down the range of time, and start ID'ing and tracking down the individuals in those videos.

      Not a perfect solution, but it has worked for other crimes such as kidnappings and burglaries. And physically moving around is not as easy as hopping electronic signals across the globe.

      --
      (\(\
      (^.^)
      (")")
      *beware the cute-bunny virus
    2. Re:I always wondered about this... by femto · · Score: 4, Insightful
      The *real* anonymity will come when freenet is implemented as a network layer over WiFi equipment, displacing the IP protocol. It might even be possible to also replace the datalink layer, eliminating ethernet addresses as well.

      It will be impossible to gather IP addresses, as there will *be* no IP address. The only way of identifying a user will be to identify the chain of nodes though which the request passed. This will require extracting data from every user in the chain. A difficult task with no user keeping logs.

  4. What account? by chill · · Score: 5, Insightful

    The free WiFi hotspots I've used don't require accounts at all. They just serve bandwidth and you connect thru DHCP.

    Are they going to log MAC addresses? Good luck. I can use ifconfig on my Orinoco card and set the MAC. 00:00:00:00:00:00 and a prepaid debit card in a pseudonym works nicely on the AT&T Wireless hotspot in the Denver airport.

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:What account? by Cipster · · Score: 4, Insightful

      My question is though why go through all that trouble for a few MP3's?
      I think this is precisely what the RIAA is aming for: make it risky or inconvenient enough that people will stop using Kazaa etc...
      Most people use those services because all you have to do is double-click on a few songs, go to bed with Kazaa on and the next day you have whatever music you wanted.
      I doubt there will be a big group of people Wardriving for Tunes.

    2. Re:What account? by Fizzlewhiff · · Score: 4, Interesting

      Is it about wardriving for tunes or is it about using WiFi hotspots with your favorite p2p app? It is the latter. Currently P2P traders can't be identified in a WiFi hotspot as was the case with Bryant Park.

      I'll agree though, wardriving looking for shared tunes is a big waste of time and gasoline for that matter.

      The thought of me getting fined or jailed for sharing would be enough for me to stop doing it as I'm 35 with a wife and kids. If I were 15 I don't think I would think twice about it. It sure didn't stop me from phreaking back then.

      --

      'Same speed C but faster'
  5. A free world through bad security. by Bob+The+Lizard · · Score: 4, Insightful

    "I wonder how long it will be before those detailed logs ARE required by law?"

    An interesting point occurs to me. One of the great things about the many 'anti-hacking' laws passed around the world is that most (if not all), have little (if any), requirement for systems operators to take reasonable steps to keep their systems secure.

    So if I open up a Wi-Fi shop, and keep detailed logs, of all my paying users, but don't bother to secure the setup?????

    'Yes officer, you can have the logs of my customers. Unfortunitly it dosen't cover the several thousand p2p users, who have creaked my system, and you want..... Yes thats correct, removing the howto from the MOTD would reduce this, but I'm under no requirement to do that.' :-)

  6. Them WiFi Chalkers by inertia187 · · Score: 4, Funny

    About them WiFi Chalkers,
    ain't they fun to see?
    Goin' all around,
    chalkin' them AP!
    Them resourceful Chalkers,
    what a useful crowd.
    Showin' all the world,
    where the net's allowed.
    Look at all them WiFi Chalkers,
    demon drivin' through.
    AirPort, D-Link, and LinkSys,
    WEP passphrases too!
    How to be a WiFi Chalker,
    it's fun if you know how.
    Gitcha mobile WiFi kit,
    and stumble on them now.

    --
    A programmer is a machine for converting coffee into code.
  7. RIAA Responds by Synesthesiatic · · Score: 5, Funny

    The RIAA has brought suit against the descendents of Guglielmo Marconi for his invention, known as radio.

    "Using a special radio receiver, a listener, or 'criminal', can listen to copywrited music for free," said Hilary Rosen, of the RIAA. "Some special units even have the ability record. All without one cent going to us, the true owners of the material."

    Rosen added that the recent use of public WiFi radio-based internet to evade prosecution for file sharing was the last straw.

    "This Marconi guy's got a lot to answer for. This 'radio' thing clearly has only ilicit uses."

    Rosen also complained that her wallet wasn't big enough for all her fifties, and her diamond pants were too tight.

  8. It's quite simple... by spectecjr · · Score: 5, Interesting

    Stop copying other people's stuff.
    Take the moral highground.

    Then, when the RIAA doesn't have a leg to stand on, push the balance of copyright law back to normal.

    Until people stop publishing and redistributing material which they have no claim to (or rights to), the people who produce that material will gang up against them. And that gang typically has bigger pocketbooks.

    They didn't care about it before now, because it's only with the rise of fast connections to the Internet that people have had enough bandwidth to make it a real problem. The losses were a blip on the radar.

    Self regulate, learn the rules, or the fairness police will come down on you. If you think it's fair to copy someone else's material willy-nilly, then I'm willing to bet that you've never produced anything of any worth.

    --
    Coming soon - pyrogyra
    1. Re:It's quite simple... by Alien+Being · · Score: 4, Insightful

      I'm all for IP laws as long as they represent the interests of the people. A decade or two of exclusive trade rights ought to be plenty of time reap the harvest of nearly any creation, but 70+ years for a cartoon mouse is ludicrous. Let's just find the decendents of the guy who invented the wheel and award them ownership of GM.

  9. but the RIAA strategy is... by rritterson · · Score: 4, Interesting

    From what I know, the RIAA is planning to sue sharers, not downloaders (although often they are one and the same). The idea is, kill the supply, and the demand decreases. (Yeah, because it worked so well with illegal drugs.)

    Point is, how many people are likely to run persistant shares over a hotspot? I'd think that those who use hotspots have nothing to fear from the RIAA, yet..

    There was a previous discussion about an ISP who was encouraging customers to setup an access point and share the connection with others for a reduced rate. /. readers came to the consensus that I can be held accountable for content my neighbors download with my connection. Does this mean that the RIAA can sue coffee shops who setup their own independant hotspots? (Of course, it doesn't apply to the server businesses who have paired with T-Mobile)

    --
    -Ryan
    AUWYHSTOT (Acronyms are Useless When You Have to Spell Them Out Too)
  10. Re:forced liability, coming soon to a lawyer near by RevMike · · Score: 4, Interesting
    IANAL, but...

    If you have the logs, they are business records and can be subject to subpeona. The key is to set up a business policy which purges the logs entirely on a rapid basis, and actually follow it.

    If an RIAA lawyer asks you for information about who had what IP address at a particular time last month, and you then delete the logs, you are in a whole lot of trouble.

    But, if you only store a week's worth of logs, and regularly delete the logs after they are a week old, you can honestly say "Sorry, that information has been purged in accordance with our document retention policy." There is nothing the RIAA can do about it.

    This was what happened at Enron/Arthur Anderson. They had a document retention policy that would have saved their asses, but no one followed it. Only when they realized that they were about to be sued did they shred everything. If they were shredding all along as standard procedure, they would have been fine.

  11. Of Anonymity on the Internet and in the Real World by GillBates0 · · Score: 4, Insightful
    As much as I have come to hate the RIAA and it's dictatorial attitude off late, I really don't think online anonymity is the thing of the future. True, we would all like to be anonymous, and protect are so called privacy: online and elsewhere, but I just don't see it happening anytime soon, or maybe ever.

    Consider anonymity in the real world. It's almost impossible to do anything really worthwhile completely anonymously. True, you may get along for a while, but sooner or later, you would need a job, a place to live, maybe a phone...the list goes on....and it's pretty much impossible to do any of these without proving your identity. You just cannot get along without remaining completely anonymous, in a fast developing world.

    Maybe in lesser developed countries, you would not need an SSN or ID, but you would need alternate means of identification nevertheless, unless ofcourse you prefer to exist illegally under multiple identities.

    With the Internet fast becoming part of our lives, and the ever broadening range of stuff that can be done online, it's but natural that some measures to establish identity come into force some time or the other.

    People may argue that in the offline world, you are able to perform certain activities anonymously...say relax in a lounge chair in front of the fireplace...but BAM....as soon as you interact with society, anonymity is gone....Poof.

    The problem with the Internet, is, that you are *always* interacting with some computer, somewhere, which does not belong to you. This is not true with the real world, if you're sitting lounging on a chair, you're interacting with the chair which belongs to you, thus ensuring anonymity. Anonymity on the Internet, on the other hand, is and will remain to be a very hard thing to achieve.

    I guess that's a long enough rant for this time of the night.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  12. The only people the RIAA will catch... by Berrik · · Score: 5, Interesting

    ...are people not smart enough to secure their systems. And the more people they bust, the more people will be enticed to secure their systems, thus causing the RIAA's overhead to rise. Frankly, the RIAA is trying to shovel back the ocean with a fork. The only question is how much money they're willing to spend trying. I myself serve almost 500 gigs of stuff (most of it anime, jpop, and the like), and if the RIAA wants to track me they can sure try. I knew the risks when I got into this, and accept them as a cost of doing business. That being said, if the RIAA breaks down the door to get the HDs I keep the stuff on, I have no problems whatsoever with activating the electromagnets sitting on top of 'em and scrambling the whole mess into indecipherable gobbledygook. I got a nice stack of back-up CDs in a safe place ;) Oh, and for those of you who use Kazaa Lite: The latest ver blocks the IP ranges that the RIAA and their minions/co-conspirators use. Who says resistance is futile? Berrik

    --
    Current karma: Terrible (due to mods without a sense of humor)
  13. Who's gonna upload from a coffee shop? by LostCluster · · Score: 4, Insightful

    This is just plain over before it started...

    The RIAA dragnet is for uploaders because their theory is if they can scare people out of sharing, the non-sharing freeloaders will saturate the remaining uploaders so that the file-sharing network will cease to be useful.

    But the coffee shop isn't the idea place to even set up a transient P2P sever. The P2P share would only exist when the laptop user is at the bookstore, which won't be that often to begin with. Any transfer in progress when the laptop user leaves the store will get aborted. Smart coffee shop owners have ADSL behind these shares, because they're expecting browsers not servers, so the upload speed won't be that pretty anyway.

    This isn't a technology worth banning, it's not gonna be that useful to file-swappers in the first place!

    1. Re:Who's gonna upload from a coffee shop? by pla · · Score: 4, Insightful

      The RIAA dragnet is for uploaders because their theory is if they can scare people out of sharing, the non-sharing freeloaders will saturate the remaining uploaders so that the file-sharing network will cease to be useful.

      And before that, they only went after companies, on the theory that only companies had the deep pockets to produce the software that make file-sharing possible. If they could scare companies away from creating file-sharing apps, the problem would cease to exist

      Unfortunately, like their first approach, their second one will fail as well. And the RIAA WILL start going after progressively smaller fish. I'd say within a year we'll hear about their first attack on a group of particuarly heavy downloaders.

      And, in the long term, don't feel too surprised when "plausible deniability", at least in the online world, turns into "plausible guilt". Run something like Freenet, where they can't tell exactly who requested a particular file, and everyone along the chain of the request bears equal "guilt" for the download.

  14. Re:Of Anonymity on the Internet and in the Real Wo by evilviper · · Score: 4, Insightful

    What you are missing is the level of anonymity.

    On the internet, I have the equivalent of a Unique Identifier tatooed on my forehead.

    In real life, if someone asks me my name, I can say "Hi, I'm Peter Smith", or perhaps say nothing at all. Online, it's incredibly easy (and regularly done) to automate the process of recording your IP address, and associating it with every action you take online... You can't refuse to give it, you can't shop somewhere else when they ask for it, you don't even get notification that they are doing it...

    It's not to say you have true anonymity in public, unless you can change your physical appearance at a whim (to some extent that is possible), but the point is that you DO have some reasonable level of anonymity.

    For instance, imagine that the FBI feels like fishing, and decides they want to know the identity of everyone who read about bombs, and politically dissenting material. For digital info, they simply have to ask for those records from each place, and correlate them. In the real world, they would need to track down everyone that was at each place, have them give a description, and then compare the descriptions. That doesn't make you anonymous, but it adds a large barrier to removing your anonymity, which, in reality, is all people really want.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  15. IP Logs by Klimaxor · · Score: 5, Interesting

    The IP Log Circle Jerk:
    1) ISP's will be required to keep logs, for legal purposes
    2) the common folk, with their (insert firewall here) logs will say "hey, if ISP logs are kept for legal purposes, why not track this sonuvabitch down who tried to .winnuke me"
    3) The Department of Justice will get involved when they hear of rumors that such and such a ISP has been tampering with their logs, thus costing us more money in them doing their shit.
    4) Some random group of people who like to complain will picket the government some more claiming "they are tracking how long i'm on the internet and what i'm doing, invasion of privacy" and that will cost us even more money as they send out the swat teams and the rubber bullets because we all know protesting in any form is pretty much ILLEGAL now.
    5) Some Congressman will present a bill to overthrow the IP log law because it's causing conflicts in society (he doesn't want them to catch onto his warez/kiddie porn ring)
    6) the law will be discontinued, we'll be right back were we started, a couple billion dollars further in the hole, with nothing more accomplished.

    --
    your sins into me, oh my beautiful one.
  16. Re:Copying is not theft by ch-chuck · · Score: 5, Funny

    Try this: Go to your local theatre. Right after the movie starts, ask the owners if there are any empty seats left. If so, ask them if you can go in and watch the movie for free. Tell them your theory that you weren't going to pay to get in anyway, and they aren't losing anything by letting you in. Report the results back here to /.

    For even better effect, take a movie camera. Tell them that recording the movie won't cost them a cent.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  17. Links to tens of thousands of legal downloads by MichaelCrawford · · Score: 4, Interesting
    I think the whole debate over music piracy will be solved if everyone just started downloading legal music. One reason for that is that the RIAA would then shortly become bankrupt, because we'll all be listening to garage bands instead of Brittney and New Kids.

    Probably the best known site for downloading MP3s is of course MP3.com. See especially their genre index. Click the link. You will be quite astounded at how many genres there are.

    Unfortunately the website usability of MP3.com is atrocious, and their streaming audio seems to be buggy - I can't get it to work in either Explorer or Mozilla. To get an MP3 file to download to your hard drive, you have to register, which I'm sure will result in merciless spamming. May I suggest registering with a throwaway email address from spamgourmet?

    The Open Directory Project has Bands and Artists and Styles indices. Not all the artists offer downloads, but the site says they list 48,000 artists and I imagine many of them offer downloads.

    Better sites for hosting MP3's than MP3.com are Epitonic.com and insound.

    If you prefer the higher quality, patent-free Ogg Vorbis files you can find several download sites here. Ogg Vorbis players are available for many platforms - WinAmp will play them on Windows, and I understand iTunes on Mac OS X supports Ogg now. There are open source Linux ogg players and encoders, even an open source fixed-point decoders for embedded applications where the CPU doesn't have floating point hardware.

    There are also peer-to-peer applications for distributing legal music. See Furthur Network and konspire[2b].

    I'm sure if more people availed themselves of the wide variety of music available for free download, we will make short work of both the RIAA and ClearChannel. Our lives would also be richer for it.

    --
    Request your free CD of my piano music.