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Lawsuit filed against Comcast over residential WiFi hotspots

This ought to be interesting.

Two San Francisco-area residents are suing Comcast for plugging their home’s wireless router into what they call a power-wasting, Internet-clogging, privacy threatening network of public WiFi hot spots.

The class-action lawsuit, filed last week in U.S. District Court on behalf of Toyer Grear and her daughter Joycelyn Harris, claims Comcast is “exploiting them for profit” by using their home’s router as part of a nationwide network of public hot spots.

Comcast turned on the Xfinity WiFi hot spots for its Houston residential customers in June, and at the time a spokesman said 150,000 hot spots would eventually be enabled in the Houston area.

[…]

Although Comcast has said subscribers have the right to disable the secondary signal, the lawsuit claims the company turns the service on without permission and placed “the costs of its national WiFi network onto its customers.”

“Comcast’s contract with its customers is so vague that it is unclear as to whether Comcast even addresses this practice at all, much less adequately enough to be said to have obtained its customers’ authorization of this practice,” the lawsuit claims.

The lawsuit quotes a test conducted by Philadelphia networking technology company Speedify that concluded the secondary Internet channel will eventually push “tens of millions of dollars per month of the electricity bills needed to run their nationwide public WiFi network onto consumers.”

Tests showed that under heavy use, the secondary channel adds 30 percent to 40 percent more costs to a customer’s electricity bill, the lawsuit said.

The lawsuit also said “the data and information on a Comcast customer’s network is at greater risk” because the hot spot network “allows strangers to connect to the Internet through the same wireless router used by Comcast customers.”

The Chron’s Dwight Silverman was all over this when Comcast enabled this in Houston. Like Dwight, who blogged about the lawsuit here, I find the claim about a 30 to 40 percent increase in one’s electric bill to be dubious. That Xfinity router would have to be one hell of a power drain for that to be remotely true. The concern about a possible security breach is valid, though honestly anyone with an old home router, or one that uses default admin information, is at a greater risk. At least those Xfinity modem/routers have a complex password on them. As for the rest of it, we’ll see. I used the Xfinity router for awhile, mostly because when I plugged it in I didn’t realize it would make my existing router useless. (*) After a couple of weeks, I followed Dwight’s advice, bought an Arris Motorola Surfboard SB6141 modem, and had no trouble installing it or getting Comcast to activate it, and I’m back where I was before. Whatever does happen here won’t affect me, but I’ll be interested to see how it plays out, and to see if someone takes similar action here. What do you think?

(*) Once I installed the Comcast Xfinity modem/router, I had to switch nearly all my previously connected devices to it, as they wouldn’t connect to the Internet otherwise. The one exception was my TiVo, whose wireless network card continued to use the IP address it had gotten from my existing router with no problems. My theory was that its IP address was outside the range the Comcast router had allocated. It also continued to work with no intervention after I switched back. Who knows why for sure, but as that was the clunkiest interface to make updates to, I wasn’t complaining.

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