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MPAA Shuts Down Town's Municipal WiFi Over 1 Download

nam37 writes with this BoingBoing snippet "The MPAA has successfully shut down an entire town's municipal WiFi because a single user was found to be downloading a copyrighted movie. Rather than being embarrassed by this gross example of collective punishment (a practice outlawed in the Geneva conventions) against Coshocton, OH, the MPAA's spokeslizard took the opportunity to cry poor (even though the studios are bringing in record box-office and aftermarket receipts)."

46 of 323 comments (clear)

  1. There must be something more by transparen · · Score: 5, Interesting

    I find it hard to believe that they would have shut down the Wifi simply because of a *possible* lawsuit.... Maybe they didn't really want the WiFi after all?

    --
    SR&ED
    1. Re:There must be something more by fuzzyfuzzyfungus · · Score: 5, Insightful

      "Likelihood of being fired because the town lost its shirt in 'MPAA vs. All Humanity' on your watch" > "Likelihood of being fired because you shut down the wi-fi hotspot".

    2. Re:There must be something more by meerling · · Score: 3, Insightful

      ianal - I think you're right, since ISPs are protected by safe harbour provisions, and the MPAA has to file lawsuits against individuals, even if it's a jane/john doe discovery thing. Of course, if they can't identify who did it, which the article seems to indicate, they can't sue anybody, but that never seems to stop them from baseless threats and bluster.

      (Or for that matter, lack of accuracy doesn't slow those rabid vultures down either...)

    3. Re:There must be something more by h4rm0ny · · Score: 4, Informative


      Actually, it's more a case of something less. This is another Cory Doctorow nonsense-piece. What appears to have happened is that the town had a set up a single shared wifi network running from a single connection which they allowed anyone to use. The MPAA sent a letter saying that this connection was being used for downloading copyrighted material without permission and the Sheriff's office panicked and shut it down.

      FOX News doesn't distort the facts for their agenda as much as this guy has. (Well, not all the time, anyway).

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    4. Re:There must be something more by h4rm0ny · · Score: 5, Informative


      I've found more information on this as well, actually. Far from being a whole town, the wireless network was a free network broadcast for ONE BLOCK around the county courthouse.

      So real situation: Someone opens up a wireless network with open access in one block of the town. Someone (very probably) did something illegal with it. The people who pay for the connection get a letter saying there is illegal usage being made of it and decide to shut it down.
      The Slashdot Headline and Doctorow Blog:MPAA shut down entire town's Municipal WiFi against their will. Contravention of Geneva Conventions.

      This is utter garbage and the editors if they were doing their job would post an update on the story right now.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    5. Re:There must be something more by jd · · Score: 2, Insightful

      Bear in mind that politicos can get voted out very easily, so tend to be nervous types when accused of something that smacks of scandal. (Widespread fraud is one thing, but accusations in the press of sponsoring pirates or spending tax dollars in bringing down Hollywood... No sane politician would take that kind of risk.)

      Also bear in mind that most politicians are technically ignorant and are unlikely to know the difference between aiding and abetting in an electronic crime versus being a common carrier.

      Finally, you need to also consider that these places are full of backstabbers, some likely in the pay of ISPs that would be competing with the municipal system. (If the public sector is corrupt, it's the private sector that is corrupting it.)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    6. Re:There must be something more by TyroneShoe · · Score: 5, Insightful

      The problem is that Coshocton is a pathetic little hick town east of Columbus, OH. The primary product that it produces is poor people and poorer people. The last time I went there, the high points of my trip were a blizzard from DQ and leaving. The reason they didn't fight the case is because the town is SO freaking poor that they didn't stand a chance. It's sad too because for such a little podunk town, they actually did something smart and progressive: muni wifi. Their reward for doing so? The MPAA Whambulance.

    7. Re:There must be something more by T.E.D. · · Score: 4, Funny

      FOX News doesn't distort the facts for their agenda as much as this guy has. (Well, not all the time, anyway).

      Ooooooh. Now that's a low blow.

    8. Re:There must be something more by SpaceLifeForm · · Score: 4, Insightful

      I wonder which MPAA employee did the drive-by download.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    9. Re:There must be something more by HeronBlademaster · · Score: 2, Informative

      TFA links to the source, which does confirm your parent post's analysis.

      I guess reading TFA is taboo.

      Anyway, the original article doesn't mention the MPAA being involved in the shutdown at all. By all appearances, the MPAA notified the ISP, then the ISP notified the county, then the county shut down the access point.

    10. Re:There must be something more by HeronBlademaster · · Score: 3, Informative

      Obviously you didn't RTFA.

      Their "Municipal Wifi" covers a one block area around the courthouse, which probably just means the block that the courthouse is on. That's hardly "municipal". Maybe you can call a single open access point "progressive", but come on... TFA is obviously blowing things way out of proportion.

      Furthermore, the MPAA didn't even ask them to shut it down. They simply notified the ISP of an illegal download, the ISP notified the access point operators, and then the AP operators shut down the access points. Basically, the politicians panicked.

    11. Re:There must be something more by kcbrown · · Score: 3, Funny

      Their "Municipal Wifi" covers a one block area around the courthouse, which probably just means the block that the courthouse is on. That's hardly "municipal".

      Well, for that particular town, one block probably does cover the whole town!

      :-D

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    12. Re:There must be something more by cpt+kangarooski · · Score: 2, Insightful

      From the tone of the article, it seems like the courthouse maintained an unprotected access point. The article talks about it being available in the streets immediately surrounding the building. There is a huge leap from that to being an ISP.

      Oh, I don't know.

      There is a safe harbor (17 USC 512(a)) that protects service providers from being liable for indirect infringement on the basis that one of their users directly infringed, and the service provider (by providing Internet service) helped. The definition of an eligible service provider (subsection (k)(1)(A)) is:

      [T]he term "service provider" means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received

      Granted, they will have to have met the conditions required by subsection (i), but this is not particularly difficult. Given that there still are no "standard technical measures" and likely never will be, it's basically just a matter of having a policy for offenders in place, and not utterly ignoring it (though it may be possible to get away with mostly ignoring it).

      So by providing the access point, they're a service provider. If they met the low standard for eligibility in 512(i), they're protected by the safe harbor. They may not have done that -- I haven't heard either way -- but how is this a huge leap?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:There must be something more by h4rm0ny · · Score: 4, Informative

      Not to be an ass or anything, but if you just dug up this information in the time since your previous posting, perhaps you could share the links with the rest of us?

      No offense is taken by a request for citations. The Coshocton Tribune has a much more detailed article here. It details the area covered by the wifi point (the block containing the County Courthouse), the typical usage of the open network (from around a dozen people a day surging up to a hundred during county fairs held there) and the facts that they had no direct connection with the MPAA, but that Sony Pictures sent a notification of illegal usage to their ISP which then passed it on to the customer who decided to shut the network down. They're response - for a small town, under-resourced considering a network that is a useful but hardly critical public resource, actually seems reasonable. "Let's turn it off and think about what we can do." They're considering whether they need to spend a few thousand dollars (a lot of money for them) on filtering software. (I'd personally counsel them against that as it's merely throwing good money after an unguaranteed solution) Who's to blame for this? Well certainly not the council, and to be honest, not really Sony Pictures which sounds like they just sent one of their standard "you're doing illegal stuff, we know it, please stop and play nice" letters. So really, I think the most to blame for the withdrawal of the free service is the twat that decided to abuse their free service by helping himself to some copyrighted material.

      Anyway, those are my thoughts on the matter. As you can see, a lot more facts and a strikingly different conclusion to the original "OMG! MPAA are depriving towns of Internet and Geneva Conventions are being violated" blog post.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    14. Re:There must be something more by drquoz · · Score: 2, Interesting

      Wow, you have no clue about Coshocton. It's actually a pretty nice town. I've watched it grow a lot over the years, but even back in the day I wouldn't call it a pathetic poor hick town. I'd liken it more to Mayberry than Podunk. BTW, do you have any American flags? Chances are they came from Coshocton's Annin & Co, the nation's oldest and largest flag manufacturer.

  2. Wasn't the MPAA who shut down the network by Saxerman · · Score: 4, Informative

    Wow, talk about misrepresenting the facts. I hate the way the MPAA is using copyright law as much as the next digital rights activist. But, for the record, the MPAA didn't take down the network. They just sent their usual infringement notice to the ISP, who then forwarded it on to Coshocton County. The county then made the decision to shut down the wifi service, they weren't ordered to by any judge or MPAA executive/lawyer/asshat.

    http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=117273

    --

    A steaming cup of soykaf would be real wiz right now.

    1. Re:Wasn't the MPAA who shut down the network by TubeSteak · · Score: 3, Interesting

      I RTFA and I can't be the only one who sees a discongruence between "an entire town's municipal WiFi" & "the 300 block".

      --
      [Fuck Beta]
      o0t!
    2. Re:Wasn't the MPAA who shut down the network by C10H14N2 · · Score: 2, Interesting

      I am going to guess this had something to do with certain officials owing a favor or two to something relating to this:

      "This short-range service is entirely separate from the wireless broadband being deployed throughout the county by Lightspeed."

    3. Re:Wasn't the MPAA who shut down the network by pavon · · Score: 5, Insightful

      No, it's an example of elected officials doing their job poorly.
      Deciding to which public services the county does and does not want to offer is a legitimate function of government. Choosing to end one is not a "punishment".

    4. Re:Wasn't the MPAA who shut down the network by radtea · · Score: 5, Insightful

      Wow, talk about misrepresenting the facts

      Well, it is boingboing after all, which is the 'Net's equivalent of Orwell's "Two Minutes Hate": the editors post inane stories in the most inflammatory language possible, the crowd all goes apeshit for a short time, and then moves on to the next thing, having done nothing, accomplished nothing, and learned nothing.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    5. Re:Wasn't the MPAA who shut down the network by tacarat · · Score: 2, Interesting

      That's what the common carrier principle is for. You wouldn't be liable. From a tech standpoint, though, you might want to know what is dragging down the bandwidth in a specific area. It might be indicating a problem other than a heavy file download.

      --
      "Common sense will be the death of us all"
    6. Re:Wasn't the MPAA who shut down the network by Disgruntled+Goats · · Score: 2, Funny

      I RTFA and I can't be the only one who sees a discongruence between "an entire town's municipal WiFi" & "the 300 block".

      But telling the truth isn't quite as sensationalist! I mean he even said that this was against the Geneva Convention! THE GENEVA CONVENTION!!!!1111ONE

    7. Re:Wasn't the MPAA who shut down the network by jythie · · Score: 4, Insightful

      While that clears up the mechanics, it still points to the MPAA being too powerful since it is an example of a private company being able to control a public government though simple fear of ending up in the crosshairs.

      When governments fear corporations, we have gone through full circle though capitalism and can arrive on the other side of communism.

    8. Re:Wasn't the MPAA who shut down the network by Captain+Splendid · · Score: 4, Insightful

      Well, it is slashdot after all, which is the 'Net's equivalent of Orwell's "Two Minutes Hate": the editors post inane stories in the most inflammatory language possible, the crowd all goes apeshit for a short time, and then moves on to the next thing, having done nothing, accomplished nothing, and learned nothing.

      Fixed that for you.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    9. Re:Wasn't the MPAA who shut down the network by icannotthinkofaname · · Score: 2, Insightful

      Denying people a public service such as Wifi hardly seems like "Collective Punishment".

      Someone who was deemed to be doing something that is disapproved of had some favorable condition, and it was taken away in order to discourage the behavior that is disapproved of. That is the definition of negative punishment.

      And this punishment was imposed on a collective of people because of the actions of a single person, so that seems to imply that it was a collective punishment in the same way that p -> p in logic.

      So yes, it was collective punishment by definition.

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    10. Re:Wasn't the MPAA who shut down the network by Imrik · · Score: 3, Informative

      They are one and the same, the 300 block is the only section of the town serviced by the municipal WiFi.

    11. Re:Wasn't the MPAA who shut down the network by bugnuts · · Score: 2, Informative

      Denying people a public service such as Wifi hardly seems like "Collective Punishment".
      They were trying to take themselves off the liability list. Something illegal going down? Don't aid it.

      I heard there was someone speeding down the 300 block!

      The city tore up the street because of one person misusing it. They did not want to aid criminals.

    12. Re:Wasn't the MPAA who shut down the network by Hurricane78 · · Score: 2, Insightful

      Uuum, you apparently don't no a thing about psychology. No problem, I did think all my life, that humans are not the weak spineless obeying losers that they are.
      Most humans will with a high likeliness, obey whatever you tell them to do. Even torture and murder a person.
      As long as they think it must be right, because someone who dominates them with his strong (view of) reality, thinks it's right.

      So it is an entirely expected strategy for intelligence people and similar professional spin doctors, manipulators, etc, to just draw others into their reality, and thereby make them act in their will. There is an entire industry for that out there. Social engineering. The hackers of the human mind. Grown from a fusion of psychology, con men, marketing firms, etc.

      What do you think how many average people quickly break under the pressure of "devastating consequences" for them (that never really happen, buy hey...)?
      County government workers are no different. I bet I could get them to shut down the power system, if I took it really serious, and would create really scary "high official" letters, etc.
      I know someone who had genuine federal watermarked paper that the federal police used in Germany. And he was able to forge the signature of the director of the federal police. So to put it into perspective for Americans: It was like he could forge letters from the FBI director that were indistinguishable from genuine ones. Which he used to remove its nurses and get him out of the madhouse. (Luckily he now is in a closed facility where he can't even make a call. Which is also sad, because I prefer to actually heal people.)

      But it shows how powerful social engineering is.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
  3. Geneva Conventions by Anonymous Coward · · Score: 5, Informative

    Hate to be pedantic.. but the fourth Geneva Convention (which OP was referring to) sets forth protection for civilians in times of war. Last I checked, there is not a war going on in Coshocton, OH and the MPAA is not a sovereign authority (as much as it might like to be). I always cringe when people reference the Geneva Conventions like this in such an overly dramatic and misrepresentation way.

    1. Re:Geneva Conventions by Anonymous Coward · · Score: 5, Insightful

      Incidentally, this is why cops get to use chemical weapons and soldiers don't...

    2. Re:Geneva Conventions by vekrander · · Score: 5, Interesting

      So the MPAA is clearly then allowed to treat civilians worse than people being occupied in wartime by any country that has signed the Geneva Convention?

    3. Re:Geneva Conventions by Anonymous+Cowpat · · Score: 3, Insightful

      well, yes and no. Normally during a war, all bets are off - if you can't keep, in peacetime, to the minimum standards expected during wartime, you're doing something wrong.

      --
      FGD 135
  4. Safe Harbor by spun · · Score: 3, Insightful
    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:Safe Harbor by bl968 · · Score: 3, Informative

      Only applies to content hosted on their network. If the ISP is not directly hosting the content on servers they own, then they have no requirement to take it down. When the content is hosted on the customers system the ISP has no legal liability regardless of claims to the contrary, Why? Because the they can take legal action against the person directly at that point, and they have a legal obligation to minimize the affects. That would be like me forcing LEVEL3 to take down Comcast because one of Comcast's customers is hosting a file for download on a machine outside of Comcast's direct control.

      512. Limitations on liability relating to material online
      (a) Transitory Digital Network Communications.-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider's transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if--
      (1) the transmission of the material was initiated by or at the direction of a person other than the service provider;
      (2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider;
      (3) the service provider does not select the recipients of the material except as an automatic response to the request of another person;
      (4) no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and
      (5) the material is transmitted through the system or network without modification of its content.

      Notice there is no absolutely no requirement to terminate the user.

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    2. Re:Safe Harbor by spun · · Score: 2, Insightful

      How is municipal wifi different from any commercial ISP? Would a commercial ISP shut itself down if it found one of it's users engaging in illegal activity? No. Of course not. And why not? Because of the safe harbor provisions, no ISP is liable for the illegal activity of its users. Just like the phone company isn't liable when someone calls up a hit man and orders an execution.

      Not to be insulting, but your argument simply makes no sense. It shows that you don't understand the purpose of the safe harbor provision, how it operates, or what terms like 'in good faith' mean.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  5. Non-story by Dog-Cow · · Score: 4, Informative

    Another troll by Cory. The WiFi was using a single IP address and NAT. The one connection was shutdown, that's all.

  6. This should've never come out of the firehose... by mmell · · Score: 2, Informative
    The town had ONE, count 'em, ONE wireless router left unsecured for public use - by the courthouse. They weren't providing an 802.11n wifi computing mushroom over the city, it was ONE wifi router left open. I'm quite sure that the city still has use of that item of hardware, which I'm quite sure is still connected to the same internet in the same way using the same equipment connected to the same Internet Service Provider it was before. I'm sure all they did was to secure their wifi hotspot. I might choose to do the same if I were running an open wifi hotspot and got a takedown notice from the Mafiaa.

    I don't think the existence of an open wifi hotspot was a matter voted into existence by the people of Coshocton, OH, nor do I think it came to be as a result of a lawful mandate. Somebody decided it could be kind of nice, opened it up, smiled broadly at the general sense of doing something good, and was unceremoniously educated into the potential issues connected with what I'm sure somebody thought was a simple idea. "Hey, I turned this on, I can turn this off if there's a problem" sure beats "I think I'll get the city involved in a deep-pockets lawsuit over something which isn't our responsibility".

    Now, if the presence of an open wifi hotspot were something the citizens had voted for, or even if there was a city budget entry specifying funds to support an open wifi hotspot, that'd be one thing (and turning it off would be a very difficult proposition at that point). Not the case here. To quote Lieutenant Starbuck, "I can turn you on, I can turn you off". I guess in this case, Cy was left "off".

  7. In a sense, yes, but that's hyperbole. by Valdrax · · Score: 4, Insightful

    So the MPAA is clearly then allowed to treat civilians worse than people being occupied in wartime by any country that has signed the Geneva Convention?

    Article 33 of the Fourth Geneva Convention only applies to "protected persons."

    Art. 4. Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.

    Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.

    In short, a state can punish its own citizens collectively, at least as long as there's no actual war -- and all you smarty-pants who think the "War on Drugs" is an actual war are impressing no one, least of all an international criminal court. (It's worth nothing that the US doesn't recognize the jurisdiction of the ICC either.) This is why, no matter how much I still resent her, my 4th grade teacher isn't a war criminal.

    It's also worth noting that turning off a service one party provides for free to multiple third parties is not generally recognized as a punitive act towards the third parties in the US. "Punishment" is reserved for actions taken directly against an individual or group. So closing a soup kitchen for health code violations is not "collective punishment" of the homeless nor is imprisoning a father collective punishment of his family.

    Lastly, I think you've got a really sad sense of entitlement and pathetic, comfortable ignorance if you think that cutting off free Wi-fi at the park is equivalent to the kind of collective punishments that happen during war. Read up on Stalin's Order 270 or Sherman's March to the Sea.

    And then stop your whining about Wi-fi. The MPAA is being a bunch of jerks, but they're not engaging in war crimes. People need to get some goddamned perspective.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  8. Re:Geneva Convention? WTF?! by Dunbal · · Score: 2, Informative

    Geneva Convention applies to international conflict bud, not private corporations.

          Actually IANAL but:

          International treaties and conventions ARE the law of the land if your country is a signatory, and said law must be respected by all persons - physical or judicial. Corporations are NOT above the law.

          There's a little clause in the US constitution that says:

          "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

          Most constitutions of other countries do the same - after all, it's the only way a government can make an international treaty binding on all its citizens.

    --
    Seven puppies were harmed during the making of this post.
  9. This is Cool!! by Virtucon · · Score: 3, Interesting

    Make Friends and Influence People Now!

    Here's how you do it.

    You don't like your neighbor's barking dog? No Problem, just War Drive their WAP and then download movies. Next, send
    an "anonymous tip" to the MPAA. Next thing you know, it's a takedown letter and a demand for money. Now they'll have to take
    that little dog to the pound because they can't afford the dog food anymore.

    I've seen the other comments and one more analogy.. The Roads will need to be torn up because somebody sped down them while fleeing the scene of a crime. We don't know who the criminal was, but he was fleeing.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  10. Re:This should've never come out of the firehose.. by Imrik · · Score: 3, Informative

    I suspect that you are mistaken, the wireless hotspot was capable of handling more than a hundred users at once and the county is considering purchasing filtering hardware and software so they can bring it back up.

  11. Geneva c onvention? by mea37 · · Score: 2, Insightful

    Yet another zealot can't oppose bad behavior without exageration. I have to wonder if the moron who submitted this understands the term "human rights violation". Suffice it to say the Geneva Convention's prohibition on collective punishment was not written out of concern that you might not have the internet connection you want.

    It's not that you shouldn't want the **AA's abuses to stop. It's that you shoudln't be trivializing real crimes against humanity by comparing them to weak-ass shit like this.

    That is all.

  12. Original article gives the solution by RevWaldo · · Score: 2, Insightful

    LaVigne has done some homework and found a program that would prevent the illegal downloads from happening in the future; however, it would cost the cash-strapped county about $2,900 to implement, $2,000 for equipment and then $900 annually for the filtering program

    There you are then. The MPAA pays for the hardware and the software subscription. The cost to the MPAA and its members is readily offset by the potential millions upon millions of profits that could be lost from illegal downloads from this small town's one-block-radius municipal's WiFi connection. Everybody wins!

  13. MPAA "success!" by huwgently · · Score: 2, Funny

    You keep using that word. I do not think it means what you think it means.

  14. In other news... by radpole · · Score: 3, Funny

    Bank robbers used the local highway to getaway this morning. The highway has been closed until further notice.

  15. That's why you don't build centraliced networks by Casandro · · Score: 2, Insightful

    You don't build munchipal networks in a centraliced fashion, you make meshed networks which are in the hands of their users. That way there is no way anybody could turn them off. Maybe someone would decide to not offer Internet anymore, but turning of the network as a whole is impossible.

    You can get cheap routers, install the Freifunk firmware and off you go.