EU Court: Open WiFi Operator Not Liable for Pirate Users

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by zaroth on Friday September 16, 2016 @11:10AM (#12514521)

So you can offer free internet access at your business in order to attract customers (e.g. Starbucks or McDonalds);

  The Court holds, first of all, that making a
  Wi-Fi network available to the general public
  free of charge in order to draw the attention
  of potential customers to the goods and
  services of a shop constitutes an ‘information
  society service’ under the directive on
  [electronic commerce],” the decision reads.

However copyright holders can still obtain an injunction forcing the provider to institute some measure of access control which must collect the identities of end-users to provide a deterrent. TFA does not mention any requirements on retention or access to this tracking data.

  "The Court nevertheless underlines that, in 
  order to ensure that deterrent effect, it is 
  necessary to require users to reveal their 
  identity to be prevented from acting
  anonymously before obtaining the required 
  password,” the ruling adds.

So in essence they want to treat open WiFi APs as a type of mini-ISP. I'd say this is extremely problematic.

If you have to disclose your identity in order to use free WiFi it pretty much kills free WiFi. The court seemed to understand that terminating the service was not an appropriate remedy, but then proceeded to shoot it in the back.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by growse on Friday September 16, 2016 @11:33AM (#12514698)

To what extent must the provider verify that the identity provided is accurate? If 'disclosing identity' actually means 'typing text into a form', then it's pretty toothless. As an end-user, I could put whatever 'identity' I wanted there.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by eternalban on Friday September 16, 2016 @03:13PM (#12516526)

Point of Sale + cashless society = problem solved.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by luispedrocoelho on Friday September 16, 2016 @08:05PM (#12518316)

I think it means "provide government-issued photo ID to get a password which can be traced back to you".

The context is if someone using the cafe's internet infringes on copyright, the copyright holder needs to find whom to sue. That is not possible in a "type a random email address" mode.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by cryptarch on Friday September 16, 2016 @07:33PM (#12518157)

Does this decision mean it's now required to have a captive portal on my open hotspot at home, or does this decision only pertain to commercial enterprises?

It sounds like the latter, but the idea that I might soon be required to set up a "Sign in to Facebook to use cryptarch's free Wi-Fi" portal is pretty frightening. (Because, of course, just any identifier won't do!)

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by CJefferson on Friday September 16, 2016 @11:25AM (#12514630)

I don't understand why this kills free wi-fi. I use free wi-fi all the time that wants my name and email address.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by Iv on Friday September 16, 2016 @11:34AM (#12514709)

You live in the time before someone has been indicted for accepting bogus names and email addresses.

I used to live in a time where you could book a hotel without providing a valid ID.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by elcct on Friday September 16, 2016 @11:32AM (#12514687)

But you can provide temporary name and disposable email, no?

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by k-mcgrady on Friday September 16, 2016 @11:17AM (#12514569)

> If you have to disclose your identity in order to use free WiFi it pretty much kills free WiFi.

Don't you already have to do this with most free wifi? A lot seem to offer a free 30 mins but more than that are you have to create an account.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by vog on Friday September 16, 2016 @11:50AM (#12514822)

Almost every café in Berlin that has wifi: Ask for the wiki password at the bar, or find it next to the menu card, or at some wall.

The only problem is that many cafés / bars don't provide wifi, because they are afraid of providing wifi at all due to the "Störerhaftung" (a legal issue that exists almost nowhere except in Germany). Luckily, there's Freifunk and VPNs to the rescue.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by jtl999 on Friday September 16, 2016 @11:19AM (#12514580)

Starbucks in Canada: I just accept an agreement and it works. No login needed.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by iLoch on Friday September 16, 2016 @11:27AM (#12514651)

But that's because they can already track your identity by correlating purchases and wifi accesses.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by icebraining on Friday September 16, 2016 @11:36AM (#12514721)

If you pay with cash, how are they tracking your identity?

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by jtl999 on Friday September 16, 2016 @12:38PM (#12515243)

My point exactly. Not to mention you could just be in a car hacking away on their wifi.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by x0x0 on Friday September 16, 2016 @07:27PM (#12518131)

A wifi mac address is probably traceable for the vast majority of users. I'm aware you can change them, but most people aren't.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by noiv on Friday September 16, 2016 @11:37AM (#12514723)

Sure, copyright infringement proven by latte macchiato.

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by extra88 on Friday September 16, 2016 @12:30PM (#12515175)

A) No. B) VPN

[ Parent | on HN ]

Re:EU Court: Open WiFi Operator Not Liable for Pirate Users by raverbashing on Friday September 16, 2016 @11:43AM (#12514764)

A lot of places in France (like SBucks) ask for email/and password. In Austria it is even worse

Or you can also not allow torrent/etc through your Wifi service

[ Parent | on HN ]