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I'm in no way defending thieves, however my elderly father was sent one of these notices so I'll toss in my copper:
No residential ISP that I know of has a requirement that customers operate their wireless equipment securely. Me, mine's wide the heck open and I can drag neighbors into court to testify that it's always been that way. (Whether I'd want to take the time to deal with it is a whole different issue.)
I just don't see how these people are winning suits with nothing more than an IP.
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