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It should be like a car --- if I make a reasonable effort to ensure that my car is locked up and the key is secured w/in my home, I should _not_ be liable if someone steals it, uses it in a bank robbery and then returns it --- I just have to prove that I wasn't the get-away driver and that I didn't loan out the vehicle for that purpose (and of course, co-operate w/ the investigation to a reasonable degree).
If a reasonable effort is made to secure a WI-FI connection then the presumption of innocence requires that the prosecution prove that it was a particular individual that did the downloading.
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