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Old 18-03-2009, 19:43   #440
penumbra
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Join Date: Nov 2008
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Re: Have you received a letter from Davenport Lyons?

Quote:
Originally Posted by theasix View Post
I got another letter form Davenport.

They want me to provide some information about my router, manufacturer, model, how many letters and digits is used to protect my network etc.
<snip>
Very interesting.

I would contact Which? magazine at whichcomputingnews@which.co.uk specifically Emma Mash about this as they are clearly fishing for information from you in a manner which I'm not quite sure they're allowed to (or it is ethical to do). This could be another thing to report them to the SRA for.

Briefly the CDPA 1988 requires for you personally have infringed copyright, or to have authorised another person to do so. Davenport Lyons do not have evidence that you have done this - in fact they even go to great lengths to state that they are not saying you did it, or have it on your hard drive, just that your connection was used to do it. Thus, their case under the CDPA 1988 vanishes in a puff of smoke.

Although the standard of evidence in a civil case is just balance of probabilities, the fact remains that you say you did not do it and they have no evidence it was you at all. It is not up to you to help them. They should have gathered the required evidence themselves.

Any form of wireless encryption can be broken, with various degrees of triviality. They are clearly fishing for other people to write to, and to asses whether your story rings true (e.g if you had a low security WEP password at the time). They really should have made up their minds on this BEFORE they sent the first letter and I'm not sure if you're obliged to give them the information. They've dug their own hole and now they have to lie in it.

If I were you, I would visit your local CAB / Solicitors surgery. Michael Coyle at Lawdit has previously offered free telephone advice, which if he's still providing would be well worth it. Also - contact Which? ASAP.
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