Wireless routers have enabled computer users to “unplug” and access the internet from anywhere within the router’s range. This range continues to increase as technology advances and the use of range boosters becomes more widespread. For example, there are systems available for farmers that allow the range of their wireless router to extend approximately two miles. For the typical user, however, it is sufficient that the range covers all areas of the home.

Accessing the Internet by way of a wireless router provides the user with the freedom and convenience of mobility. But if precautions are not taken, there could be serious ramifications. Applied to residential situations, the signal from most modern wireless networks extends beyond the boundaries of a particular home. This means that neighbors may be utilizing your WiFI network–if it is left unsecured and open. This may seem harmless, but it can lead to disastrous consequences.

As a criminal defense lawyer, I have represented many citizen’s who have had their homes raided by law enforcement pursuant to search warrants. Depending on the crime, the authorities may remove all of the computers and data storage devices. A citizen may be arrested and/or informed that they are under investigation for an Internet or computer crime. The crimes range anywhere from Fraud and Theft, to Pandering Obscenity. Obviously, this causes serious problems for the person whose home has been raided. First, the neighbors will question why all the police were outside the home. The allegations alone may cause the person to lose relationships with family or friends. Further, the person is obviously left without his or her computers and whatever other data storage devices law enforcement confiscated. This could include mobile/ smart phones and digital cameras. Finally, an innocent person could be left frustrated and guessing as to why his or her home was raided, and left wondering as to what is going to happen next.

There is often a lapse of time between the execution of a search warrant and the completion of the forensic investigation by law enforcement. Depending upon how many computers are removed from the home, the lapse between the search and the results of the forensic investigation can span a period of many months. This is obviously a discouraging time for a citizen who has committed no crime.

How does this happen? If you fail to limit access to your wireless network by securing it and taking proper precautions, you run the risk that someone else may utilize your network to access the Internet. This seems relatively harmless. But if that unauthorized user engages in criminal activity via your Internet connection, you could be the person targeted at the beginning of the investigation.

Law enforcement will typically identify an IP address and trace it back to the Internet subscriber by issuing a subpoena to the Internet Service Provider (ISP). The ISP will comply with the Subpoena and provide law enforcement with the name and address of the person that pays the bills for a particular IP address. It is that person that will likely be the focus of the initial investigation, and subjected to the execution of a search warrant–even if that person did not engage in any wrongdoing.

What to do? Make sure that your wireless network is secure as possible. If you do not have the time or inclination to review all of the manuals that come with your router, I recommend consulting with a technician who specializes in this area.

Fortunately, occurrences such as this are rare. In many cases, where a client has been subject to a search warrant because of the wrongdoing of others, the forensic examination by law enforcement will reveal no evidence of wrongdoing by the client. Although authorities may ultimately catch the person who committed the crime, the damage to the innocent citizen has already been done.

The Bottom Line: Secure your wireless networks! If you or someone you know has been subject to a search warrant execution and would like to discuss the matter in greater detail with a criminal defense lawyer, please feel free to contact me.

Scott A. Rubenstein

Cincinnati Criminal Defense Attorney Internet Crimes Lawyer