Hacking or 'freeloading'

Hacking is the act of gaining unauthorised access to a computer system. Hacking can result in 'freeloading', which is the act of using someone else's account to connect to the Internet. The details of the internet account may have been obtained by hacking; however, by using these details the 'hacker' is 'freeloading'.

In investigating a complaint about 'freeloading', the TIO will consider the following in an investigation:

• whether anyone was home at the time of the disputed usage
• whether the Calling Line Identification (CLI) data shows that a number unknown to the complainant has accessed the account
• whether anti-virus software was installed on the complainant's computer and updated regularly
• whether the complainant stored their password on their computer
• whether the ISP provided any security advice when the account was set up to assist the complainant protect themselves from any 'hacking' activity, and
• whether the customer was aware of the appropriate steps to take to protect their interests.

Information that the TIO might collect from a complainant as part of its investigation include:

• a copy of the complainant's usage report detailing the usage/download charges and dates
• a copy of the complainant's itemised local telephone account that corresponds with the alleged 'freeloading'
• if no one was at home at the time the disputed charges accrued, attendance records/work records etc to support this claim.

If it can be shown that a complainant took all reasonable steps to protect their password in the circumstances, and the CLI data shows a number that was not previously called by the complainant, the TIO will expect the ISP to waive the disputed charges on the grounds that it is not fair and reasonable to expect the customer to pay for usage they haven't enjoyed, and where they have taken all steps they could reasonably be expected to take to protect themselves from being hacked.

The TIO encourages complainants to report incidents of hacking to the police if they haven't already done so.

Next: Non-local ('STD') dial-in number complaints