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Homeowners arrested, held and gunpoint for neighbors' child pornography

It's a common practice that seems like generosity, but could lead to your home being invaded by federal agents. Recent cases underscore the dangerous nature of having an unsecured Wi-Fi router.

I. A Rude Awakening

On March 7 at 6:30 a.m. a resident of Buffalo, New York received the scare of a lifetime. With a thunderous crash his front door was broken, awaking the man and his wife. Putting a robe on and rushing downstairs he saw federal agents wearing a strange acronym I-C-E (which he would later discover stood for U.S. Immigration and Customs Enforcement).

An ICE agent charged the stairs, hurling him down it, leaving him cut and bruised. The man's lawyer, Barry Covert, recalls the agents screamed at him, "Get down! Get down on the ground!", to which the man screamed back, "Who are you? Who are you?"

Armed with assault weapons the agents began to hurl slurs at the injured suspect that gave him the first inclination of what was going on. "Pedophile!" and "pornographer!" they screamed.

He dressed at gunpoint in the bathroom and was escorted to an interrogation room at a government facility. Agents accused him of using the name "Doldrum" and downloading pornographic images.

The man was flabbergasted.

He recalls the agent grilling him, stating, "We know who you are! You downloaded thousands of images at 11:30 last night."

He recalls arguing, "No, I didn't. Somebody else could have but I didn't do anything like that."

Unconvinced an agent sneered at him, "You're a creep ... just admit it."

II. You've Got the Wrong Man!

Only he wasn't a creep.

After having his family's laptops, iPads, and iPhones seized, federal agents would later conclude that the man was right -- he had no stash of child porn. However, they would later discover that his 25-year-old neighbor who was accessing the man's Wi-Fi was downloading explicit videos and images.

That neighbor, John Luchetti, was arrested March 17...

...U.S. Attorney William Hochul and Immigration and Customs Enforcement Special Agent in Charge Lev Kubiak reportedly have apologized to the homeowner.

Amazingly, in today's era of "fast-food lawsuits" the homeowner is not suing the government. He just wants to share his story with the media as a warning to other homeowners and to pressure federal agents to be more thorough in their searches.

III. Unsecured Wi-Fi: Not Uncommon

According to a study conducted by Wakefield Research on behalf of the Wi-Fi Alliance, approximately 32 percent of adults have used someone's unsecured Wi-Fi connection without their knowledge or permission. The study, which polled 1,054 Americans age 18 and older, also estimates that America has 201 million Wi-Fi connections.

Ironically 40 percent of people said they were more likely to give their house key to someone than their Wi-Fi key. The admission illustrates the dichotomy between those with some knowledge of security and those who fail to understand the repercussions of leaving your virtual door open.

Some understand the risks and willing open their connections, though.

Rebecca Jeschke, a spokeswoman for the Electronic Frontier Foundation, a San Francisco-based nonprofit that takes on cyberspace civil liberties issues argues that people shouldn't be afraid to leave their networks unsecure. In an interview with the Associate Press, she states, "I think it's convenient and polite to have an open Wi-Fi network. Public Wi-Fi is for the common good and I'm happy to participate in that — and lots of people are."

Orin Kerr, a professor at George Washington University Law School, disagrees. He states, "[Whether you're guilty of downloads on open networks] you look like the suspect."

He adds that accessing open networks without permission is a legal gray area today. He explains, "The question 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. The law prohibits unauthorized access and it's just not clear what's authorized with an open unsecured wireless."

The Federal government for its part argues that homeowners shouldn't leave their networks open. The Computer Emergency Readiness Team -- a federal organization -- suggests users disable their networks from broadcasting their presence. They also suggest that users change the default passwords (which are widely known) and keep their routers patched (to prevent exploits). At the end of the day, though, many users won't have the knowledge and skills to follow through on such suggestions...

Rebecca Jeschke, a spokeswoman for the Electronic Frontier Foundation, a San Francisco-based non-profit that takes on cyberspace civil liberties issues argues that people shouldn't be afraid to leave their networks unsecure. In an interview with the Associate Press, she states, "I think it's convenient and polite to have an open Wi-Fi network. Public Wi-Fi is for the common good and I'm happy to participate in that — and lots of people are."