Someone has hacked into my Wi-Fi and downloaded a film, TV shows and other content over a 2 year period using BitTorrent, I am now being sued by a copyright infringement company.

The TV programs as well as the "numerous other activity" is being used as proof of extensive file sharing activity on my part.

I believe that it is only the film under contention at this stage. The copyright holder is a non-VAT tax registered British company. The court is Danish as well as the lawyer leading the case for the copyright company, should that information apply.

Just before the "illegal activity" started I changed internet providers. I am looking into it but it seems that the new subscription probably came equipped with WPA2 security. By now I have been advised that this apparently safest of security precautions can still be easily hacked without the person at that IP address being aware of it.

Just as shocking- or perhaps even more so- is that the Danish lawyer representing the copyright company has claimed in an official statement to the court that I have previously been convicted in a court of similar negligent behavior in the past (2011), "proving" prior similar activity - which is patently FALSE! This has never taken place!

I must show up in court representing myself in front of a judge. Can anyone provide any legal knowledge or expertise that will assist me in fighting this case?

I feel like I am being railroaded here!

  • 2
    Someone went through all the trouble of cracking your wireless network's handshake just to download a movie, rather than using any other much-more easily acquired proxy? Is your network open or does it have a password set? If it has one set, sorry man but someone who has your pass probably downloaded it. No one here can give legal advice, but personally I'm skeptical that an attacker used a compromised host to...... Download a movie, lol. – Henry F Aug 4 '18 at 17:32
  • They stated the Wi-Fi used WPA2. Furthermore, their question does not only include a movie, also why can't an information security forum answer a legal question regarding information security? Although someone else with the passphrase could have downloaded copyright material without user183502's permission, I would still not rule out hacking. This stated all scenarios fullback on the contract holder to ensure anything illegal is not done from that IP address, even if the ISP supplied an AP without encryption (open). However, laws change from country to country. – safesploit Aug 4 '18 at 18:02
  • @safesploit I totally agree. I'm just pointing out that if an individual is alleged of illegally downloading content, stating that an attacker hacked the wireless network and downloaded the content seems suspect for multiple reasons. Definitely possible, even though that would be a very strange thing for an attacker to do. – Henry F Aug 4 '18 at 18:09
  • 5
    Contact a danish lawyer. This is not a technical issue, it's a legal issue. Note that danish laws probably differs quite a bit from british law. – vidarlo Aug 4 '18 at 18:16
  • What I'd like to know is how did that Danish lawyer you mentioned heard that the movie was stolen?! I see "stolen" movies all over the Internet, so I don't see how they could say it came from you unless he was the hacker (or his friend) and framed you up... I receive a ton of scam emails and this one sounds just like on of those. (Like Ransomware) – Alexis Wilke Aug 5 '18 at 0:57

For Wi-Fi PSK relating to WPA2-PSK encryption, AES-128 is primarily used. This is a strong symmetric cipher. However, WPA2 is not impervious. Incepting a WPA2 four-way handshake we can brute force this to eventually obtain the passphrase.

What about WPS? Wi-Fi Protected Setup (WPS) has four modes:

  • PIN
  • Push button
  • NFC
  • USB

The PIN method contains a "natural" vulnerability. It uses an 8 PIN authentication code, see WPS Cracking with Reaver. Most routers with this variant of WPS do not have brute force protection for WPS. When the Wi-Fi AP is presented with the correct WPS PIN it will return the Wi-Fi passphrase. This is significantly easier and bypasses brute forcing the WPS2 passphrase, which will by nature is more secure than the 8 digit WPS PIN.

Without knowing your ISP and the contract you signed with them I cannot elaborate further. Presuming your ISP is Danish I would state that the ISP could have breached Danish law for Data Protection by sharing who held (you) the IP address at that particular time(s) to the non-VAT tax registered British company. Equally, you should review how England's Freedom of Information Act and Data Protection Act overlap with Danish law, and how EU laws act between these two countries.

Not the answer you're looking for? Browse other questions tagged or ask your own question.