from the hot-damn dept
Less than a year ago, Comcast was sued over its WiFi hotspot program, which essentially turned residential customers into hotspots for other Comcast customers or hotspot subscribers. Comcast used this to make a great deal of money off of its own residential customers. The problem was that Comcast didn't see the need to have customers opt-in to this program and was perfectly happy using customers' electricity and, in some cases, bandwidth to power the service. That and the fact that the opt-out settings on the router controls were given to bouts of amnesia made the company look pretty crappy, but, hey, you know, Comcast.
Well, now it appears that Cablevision will find itself fighting in court over the exact same thing. Paul Jensen, a Cablevision customer, has sued the company on grounds that it violated the CFAA, gained unjust enrichment, and trespassed.
Consequently, unsuspecting customers who used Cablevision as their internet service provider now had "outsiders" piggybacking off their home Wi-Fi networks once individuals were within the range of the signal emanating from their home. Jensen contends that Cablevision never asked for his consent to use his home network to create a Wi-Fi hotspot. Jensen also points out that Cablevision's customer contract never mentions the existence of the secondary network they are providing to the public when they leased a router to him.Why any company thought it could get away with something like this without legal blowback is completely beyond me, but why Cablevision thought it could skate after Comcast already faced legal action is a complete mystery.
Not only did Cablevision act without his authorization, Jenson further asserts the company's actions have compromised his internet speed, put him at greater security risk and increased his electricity costs.
Oh, and as for that opt-out ability:
This increased traffic also heightens the residential customer's security risk since strangers are connecting to the internet through the same wireless router, Jensen says. He says when he called Cablevision to request that they remedy the situation, he was told that the wireless router he paid Cablevision to use could not have the Optimum Wi-Fi Hotspot feature turned off.
"Cablevision configures the routers it leases to consumers so that the Optimum Wi-Fi Hotspot cannot be disabled. Thus, consumers wishing to opt out of broadcasting a secondary Wi-Fi network from their homes are left with no recourse other than to buy an entirely new wireless router, costing anywhere from $50 to $200." the complaint says.