Hacked account

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Sadiver

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A friend of mine, he knows nothing about pc's, just use e-mail, had someone stay with them for about 6 months. This person had an hacked account which he installed on my friends adsl router.

This account was used for about 3 months, Oct up to Dec, and this person pulled about 36 GB of data.

My friend now received an letter from a lawyer, an ISP is suing them for about R7500 for usage.

My question - can he be held liable for something that someone else did?

Hope someone can help me.
 
In short. Yes he can be held liable. It's up to him to secure his username and password. The same way you lose your no-claim bonus when your car gets stolen. Even if its not your fault and your car got stolen, you still get penalized by your insurance company.

However, a few questions though:

1) Why is the ISP sueing him? For non-payment of accounts? Month 1 would have raised a red flag with him that his account was being abused no?
2) What kind of internet connection does he have that can go to 36gb over usage??


I'm assuming this is ADSL. If it is, how can this happen without him paying anything for 3 months and/or not hitting some sort of cap? :confused:
 
what is a hacked account? is it just account details he found somewhere (like an unsecured router?). If the account belonged to someone else and their ISP is suing you instead of the account holder then I have great respect for the ISP that took the time to actually go out and find the "real" culprit.

and honestly your friend is just as guilty as this other person. Im sure he knew what was going on.
 
dade said:
what is a hacked account? is it just account details he found somewhere (like an unsecured router?). If the account belonged to someone else and their ISP is suing you instead of the account holder then I have great respect for the ISP that took the time to actually go out and find the "real" culprit.

and honestly your friend is just as guilty as this other person. Im sure he knew what was going on.
Click to expand...


Hmmm, re-reading this now....

The guy who stole the account installed it at his friend's house and subsequently left it.

ISP tracked him probably through opening a criminal case and subpe#%$@ing Telkom for his details.

See a lawyer. Forum's is not the right place for this
 
Thanks for the replies so far.

Just to clarify... The other person somehow got hold of someone elses account details and used these details on the router.

The isp who's details have been used is now suing my friend.

I have advised him to go and see a lawyer as I have received conflicting advice.

I just cant see how they can hold my friend responsible for something he didnt do, he didnt even know about it, until he received an letter from the lawyer.
 
Sadiver said:
Thanks for the replies so far.

I just cant see how they can hold my friend responsible for something he didnt do, he didnt even know about it, until he received an letter from the lawyer.
Click to expand...

Actually they can hold your friend responsible. The crime was committed at your friends place and it was his line that was used. Your friend now has to prove that it was not him that used the account but the other guy.

If he has no record in writing that states that the guy stayed with him for the 3 months and was allowed access to use the internet using the adsl line and router, theres no way he can win the case.

This is a terrible situation!
 
This is bull. If someone steals your car and uses it to run over someone, it's not your fault!

I guess your friend will have to prove he didn't use the account. Hope he gets that right.
 
Gaz{M} said:
This is bull. If someone steals your car and uses it to run over someone, it's not your fault!
Click to expand...

Well yes and no. If your friend knew about the hacked account being used then he is just as guilty. Also since it was his equipment that was used he is also partially responsibly. I wouldn't let anyone configure any account on my DSL router.
 
His router, in his house, using his phone line - I'd assume its going to be his responsibility...
 
Gaz{M} said:
This is bull. If someone steals your car and uses it to run over someone, it's not your fault!
Click to expand...

Thats because you would have reported the car stolen before the run over and if not you better have an alibi.

Anyhoo

Ignorance is not a defence,

No-one is going to believe the "my friend put it on my router" excuse unless the friend owns up.

The end.
 
Gaz{M} said:
This is bull. If someone steals your car and uses it to run over someone, it's not your fault!
Click to expand...

Not a correct comparison - its more like you let someone with no license use your car while you're sitting next to them and they run over someone.
 
Well at least the ISP's are cracking down on account theft.
 
If all 36GB came through your friend's DSL port (and through his router, nog al), your friend is unfortunately liable for the full amount claimed.

His best bet is to try to settle for less out of court, and/or to try negotiate an installment payment scheme.

A lawyer would help, but your friend is gonna have to fork something.
 
andres101 said:
Who did he think was paying for his bandwidth?

He would probably be better off just settling the account with the ISP.
Click to expand...

He was still paying his account... He didnt know that another account was loaded on the router.
 
Was the hacked account a Telkom internet account... if it is then i think the 36GB used must be from the local part

36 @ R26 works out to almost R1000...

Rather he settle the account with the ISP and avoid court
 
Dont we have?

Presumption of insocent until proven guilty...

I.E. the procecution (plaintif) has to prove u knew what was going on?
 
I think your friend should find this person that was staying with him and make him sign a few things saying that he lived with him for a while and used his pc (in fine print ofcourse) and then give this to a lawyer.
 
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