German Court Says You Must Secure Your WiFi Or You May Get Fined
from the open-wifi-is-illegal? dept
Miranda Neubauer was the first of a few of you to send in the news of a bizarre German court ruling that makes it effectively illegal to offer open WiFi. Seriously:
Germany’s top criminal court ruled Wednesday that Internet users need to secure their private wireless connections by password to prevent unauthorized people from using their Web access to illegally download data.
Internet users can be fined up to euro100 ($126) if a third party takes advantage of their unprotected WLAN connection to illegally download music or other files, the Karlsruhe-based court said in its verdict.
“Private users are obligated to check whether their wireless connection is adequately secured to the danger of unauthorized third parties abusing it to commit copyright violation,” the court said.
This is backwards in so many ways. First, open WiFi is quite useful, and requiring a password can be a huge pain, limiting all sorts of individuals and organizations who have perfectly good reasons for offering free and open WiFi. Second, fining the WiFi hotspot owner for actions of users of the service is highly troubling from a third party liability standpoint. The operator of the WiFi hotspot should not be responsible for the actions of users, and it’s troubling that the German court would find otherwise. This is an unfortunate ruling no matter how you look at it.