"The assumption that the person who pays for Internet access at a given location is the same individual who allegedly downloaded a single sexually explicit film is tenuous, and one that has grown more so over time," Brown wrote. "It is no more likely that the subscriber to an IP address carried out a particular computer function — here the purported illegal downloading of a single pornographic film — than to say an individual who pays the telephone bill made a specific telephone call."
Henry, the Kentucky attorney, agrees and notes that unsecured wireless accounts can leave open the possibility of people tapping the network and downloading anything they want.
"You don't know who is using the Internet on which computer," Henry said.
Randazza said generally, when an Internet provider number shows up, either the person who signed on to the service or someone connected to them has downloaded the movie in question.
"I'm not saying it's a 100 percent hit rate," Randazza said. "But, it is so rare you actually find someone who had no connection to it at all."
Gotvald, who set up a wireless account for his college-aged children, said in his affidavit that someone must have linked to his wireless network.
"I believe that a neighbor or passer-by access my wireless Internet connection and used it to download Raw Films' movie Raw Rescue," Gotvald wrote. "I have never seen any movie that could be the sort of movie I understand Raw Rescue to be, nor would I want to."
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Follow Associated Press reporter Brett Barrouquere on Twitter: http://twitter.com/BBarrouquereAP .
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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