November 3, 2008
Open WiFi could get you disconnected?
I’m never at a loss for the lengths access providers will go to in a effort to keep traffic off of their networks. Never mind how hard their marketing people work at selling you on big bandwidth. Never mind that wholesale bandwidth has become so cheap, it’s probably cheaper to add more than to engage in complex network management schemes.
In today’s mixed up world of infinite copyrights, sue now and ask questions later enforcement, and the ever confusing DCMA, the best defense against a RIAA lawsuit is an open wireless connection. While this has nothing to do with bandwidth capping, it’s about to be employed to limit how you use the connection you pay for.People have a long list of legitimate reasons to leave wireless access unsecured (although I don’t condone any of these reasons), so it’s possible ISP’s will be targeted for lawsuits if they allow their users to have open WiFi.
Confused yet? What I have described are the ingredients for yet another ploy to cap your bandwidth usage. First to use it is Karoo in the UK. They will now terminate service if you have an open router. Look for others to follow.
Not all ISPs are happy with customers who have open WiFi, however, and some even threaten to disconnect those who do. In the September 2008 terms and conditions of UK ISP Karoo, we read (pdf):
“We shall be entitled to terminate the Service immediately if We discover that you have permitted (whether knowingly or not) a third party (or third parties) to access the Service using a wireless connection over Your Communications Line.”
Should an ISP be entitled to demand this? Karoo leaves its customers no choice, and simply forbids them to leave their network unsecured, or use a FON router, despite the fact that this will be practically impossible for them to enforce. Not only that, people who have no idea about router security are now wide open to summary disconnection by this ISP. UK lawyers Davenport Lyons are actively encouraging that service providers of various types enforce their own terms and conditions against copyright infringers, so if you’re with Karoo and get a complaint, you can forget about 3 strikes. Even if you did nothing illegal, it’s one strike and you’re out. (Torrentfreak)
Filed under Wifi by admin
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Comments on Open WiFi could get you disconnected? »
Open WiFi could get you disconencted? | | How To Get WiFi @ 9:24 am
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I would point out that the UK has an active bandwidth theft law. Fact even if the homeowner did not object, the police can still arrest the usurper. Little different here. The homeowner would have to object to the access and most likely file charges in civil court. Their hurdle will be that they face the general ‘pool rule’ defense — ‘Why didn’t you apply security Mr. Homeowner. Ignorance is not a defense.’
Where this will get applied here is under the Child Porn provisions. Laws are already on the books that would make open WIFI a trigger for ‘trafficking’ even if it was a drive-by third party.
I wonder how enforceable it is there. I really think this is more about stopping authorized sharing, but it would be bad PR to say so, so they invent another straw man instead.