How hot are Hot Spots?
p2pnet.net News View:- Is it legal to use someone’s Wi-Fi connection to browse the Web if they haven’t put a password on it? Is it legal for me to share my cable modem or DSL connection with my neighbors? What happens if someone does something unsavory with my Wi-Fi connection? Can I get in trouble? These and more are answered over at CNET. But only if you live in the US.
So, how about Europe?
Prelude
I’ve had this item on ice for a while but this report made me consider posting it right away: European Commission has given wireless internet a new impuls by opening up two wide Mhz frequenties for Wi-Fi.
"Faster communication networks are essential for Europe’s competitive edge" said Europe commissioner Reding. (Source: Nu.nl language: Dutch).
Update 07/15/2005: EU moves to speed up Europe’s wireless Internet, Yahoo
Europe has about 26.000 Hot-Spots and this is estimated rise to about 45.000.
Cutthroat
Sometimes, a Hot Spot is exactly what the name implies. But problems associated with unregulated internet access aren’t limited to Wi-Fi.
A friend of mine is paying off his tuition with a thriving ISP business, which he runs out of a student complex. He’s sharing his DSL line with others for a low monthly fee. He’s even competing with other students who offer similar services including Wi-Fi. Yes, the student market is cutthroat and is all about location, location, location.
Cybercrime Treaty
On November 2001, Europe adopted a Cybercrime Treaty, which aims to smooth the way for fighting what it called "cyber crime" in the European Union.
Basically, the treaty left EU nations with the task to strengthen national laws in line with the treaty but gave them lots of leeway on specifics.
The result in Holland was an adjustment of the Dutch penal code in such a way that placing a tracking cookie could land you in jail for a year. There’s little debate on the fact that cookies violate, among other laws, various anti-stalking statutes. Yet, the "improved" penal code zipped through the Dutch Parliament without any debate.
FAQ
Nevertheless, let’s focus on some of the CNET questions based on EU Cybercrime Treaty:
Is it legal to use someone’s Wi-Fi connection to browse the Web if they haven’t put a password on it?
It’s difficult to say. on the one hand, it’s punishable to gain access to any network without prior permission according to the Cybercrime Treaty. On the other, the treaty doesn’t explicitly require passwords on networks.
In short: in my opinion the treaty doesn’t provide clear answers for open networks. It all depends on the treaty’s implementation. For example: Dutch Penal Code article 138a has purposely given a very broad definition of hacking. Legislators left most of the fine-tuning of the definition up to the courts.
Also, one can imagine that dishing out anonymous internet access and use is a major concern for law enforcement authorities.
How about sharing? Is it legal for me to share my cable modem or DSL connection with my neighbors?
Most providers would prohibit this practice and they’ll get backing from the courts. Legal precedence set in cases as early as electricity and more recently in satellite signals, have gone against sharing and have sided with providers.
If it came down to a court case, a judge would probably state that the internet is the property of the ISP who’s providing you the access. In that case, sharing would be stealing.
Is it illegal to set up an open Wi-Fi connection aka Hot Spot? Shouldn’t you require a password?
Once again, in my opinion it’s difficult to say. It all depends on how nations explain the treaty. The treaty doesn’t prevent national legislation from requiring some kind of security on open networks. The treaty welcomes several measures such as data retention as a way to fight crime. In that sense not providing some security could make providers liable as an accessory.
This is the main reason why ISPs have a safe harbor when it comes to liability. But only when they have no knowledge of illegal acts. However, Hot Spot providers have fleeting contacts with their users, which makes it more difficult to spot violations. Given the nature of Wi-Fi providers and the aim of the Cybercrime Treaty, it would lead me to conclude that open Wi-Fi without any kind of security, is a legal risk.
At least if you’re just the guy next door and not a big time ISP.
Raymond Blijd – fk2w
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July 15th, 2005 at 5:48 pm
The reason they are making free shared wifi illegal is because they fear the people rising up and making their own ‘roof-top to roof-top’ wifi network. That kind of thing would be very bad for the big name ISPs.
We must hurry in creating out new free internet!