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UK Bill Would Outlaw Open Wi-Fi

suraj.sun writes with this excerpt from ZDNet about another troubling aspect of the UK's much-maligned Digital Economy Bill: "The government will not exempt universities, libraries and small businesses providing open Wi-Fi services from its Digital Economy Bill copyright crackdown, according to official advice released earlier this week. This would leave many organizations open to the same penalties for copyright infringement as individual subscribers, potentially including disconnection from the Internet, leading legal experts to say it will become impossible for small businesses and the like to offer Wi-Fi access. 'This is going to be a very unfortunate measure for small businesses, particularly in a recession, many of whom are using open free Wi-Fi very effectively as a way to get the punters in. Even if they password protect, they then have two options — to pay someone like The Cloud to manage it for them, or take responsibility themselves for becoming an ISP effectively, and keep records for everyone they assign connections to, which is an impossible burden for a small cafe,' said Lilian Edwards, professor of Internet law at Sheffield University." Relatedly, an anonymous reader passes along a post which breaks down the question of whether using unprotected Wi-Fi is stealing.

47 of 250 comments (clear)

  1. First by Anonymous Coward · · Score: 2, Insightful

    First post. I've given my credit card details, scan of passport and my fingerprint to the clerk. Can I have WiFi now please?

    1. Re:First by Anonymous Coward · · Score: 5, Funny

      You lied about the first post, how are we to believe any other information you gave us is truthful?

  2. Depends by hedwards · · Score: 2, Interesting

    It really depends upon how it is that they do it, but at the end of the day open access points aren't any more the cause of infringement than ones that one pays for. At any rate people shouldn't have truly open access points to begin with. I know that with PF you can set things up to redirect to a log in page that has them agree to the rules. You could always require they put some form of identification in which should get you off the hook for making it anonymous. Unless the new requirements would require an ID check. Which I'm sure there's some reasonable way of dealing with.

    This is mostly just an excuse to shake people down for their change than actually fight any kind of real problem.

    1. Re:Depends by commodore64_love · · Score: 4, Insightful

      >>>people shouldn't have truly open access points to begin with.

      Why not? If I want to open my kitchen and give away free food, I can. If I want to buy a bunch of blank CDs and hand-out copies of Ubuntu Linux, I can. Why can't I give-away free access to Wi-Fi in my home or restaurant?

      No reason I can think of, except to limit free speech/protest and give the government even more control over public policy (i.e. push their one true agenda).

      Alex Jones the Nutter was just discussing this on his radio show: http://yp.shoutcast.com/sbin/tunein-station.pls?id=175591 - about how Microsoft, corporations, and government are colluding to silence the people and control what we hear or read.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Depends by MrNaz · · Score: 4, Insightful

      I pirate stuff myself. I just don't try to fool myself that it's morally inert. I guess you *could* argue that I wouldn't watch movies if they weren't free (which is probably true in the vast majority of cases).

      In any case, we're talking about WiFi. If you use your neighbor's wifi, you deprive him the use of the quota that you used, however little it may be. You're also using a certain percentage of his quota, which you did not pay for.

      Don't try to fool yourself with flimsy technicalities in a childish attempt to screw with your moral compass. No amount of post-hoc justification can make a wrong right, it'll just fuck up your moral compass.

      --
      I hate printers.
    3. Re:Depends by davester666 · · Score: 2, Insightful

      No, they aren't say they won't pay for access to the service. They are saying they shouldn't be held responsible for HOW it's used.

      A more correct example would be:

      Say you got a land line, and ran an extension phone out to the sidewalk in front of your house for anyone to use. Somebody calls in a bomb threat using the extension. Should you be responsible for the bomb threat? If you should be responsible, how is it different than from calling using a public telephone?

      --
      Sleep your way to a whiter smile...date a dentist!
    4. Re:Depends by ElectricTurtle · · Score: 2, Interesting

      If he cared about his quotas, he would make an effort to secure his signals before beaming them into my house. If a signal reaches my property, it is my prerogative to do what I like with it. Imagine an apple tree growing next to a fence. It grows on his property from the nutrients in his soil, but some of the apples fall on mine. Does that give him the authority to trespass on my property to get them? Nope. If he wants all the apples, he should move the tree. Similarly, if he doesn't want his signal open, he should close it. Pure and simple. Otherwise I am in my right to use what is freely available on my property, no matter where it comes from.

      --
      I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
    5. Re:Depends by commodore64_love · · Score: 2, Insightful

      >>>You would be perfectly free to give away Wi-Fi but if someone downloaded a movie and you were sued you couldn't use the defense "oh well I have an open wifi connection so it must have been someone else.

      So?

      People come-and-go from public buildings all the time. If a product goes missing, do they hold the owner of the building responsible? No. They figure it must be one of the anonymous persons. - What they are doing here is the equivalent of demanding you show an ID every time you come-and-go from a store, mall, restaurant, et cetera. It's an excessive imposition.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:Depends by chilvence · · Score: 2, Insightful

      I'd like to step back a bit and say that if you need the law to intervene in a petty minor dispute with your neighbour over usage of what is essentially a glorified newspaper, then you probably have bigger problems... like an insufferably regulated and micro-managed society, for one thing...

    7. Re:Depends by burlingk · · Score: 2, Interesting

      If the message is that some people are gun toting nuts with minimal actual understanding/regard for the constitution, sure I got the message. None of those really directly apply in this situation, nor would they apply even if this WAS a US situation. Plain and simple, if you let someone use your property, and they use it to commit a crime, you can be held liable. In cases where you can prove without a doubt that it was not you that did it, AND prove specifically WHO did it, then you MIGHT be let off. If you have any doubt about that, look at the gun law that you seem so proud of. P.S. I AM an American, and proud of it, and I actually know what the constitution says without having to use guessing and conjecture based on popular myth.

  3. I went to a drinking club once by BadAnalogyGuy · · Score: 4, Interesting

    Bars were outlawed. The only place that could serve drinks were private clubs.

    So I paid a $7 "membership fee" at the door and had a great time. First drink was free!

    To paraphrase the philosopher Ian Malcom, "Life finds a way".

    1. Re:I went to a drinking club once by MonTemplar · · Score: 2, Insightful

      Not really anologous to what TFA is dealing with - at least with booze, you've already paid for it once you're in the club. And there's not much prospect of the Government requiring the club to keep records of all the drinks that punters bought, mainly due to the fact that drinks manufacturers and pub / club chains would a) balk at such regulation of their trade, and b) lobby the Government to water down or drop any such proposal.

      -MT.

      --
      -MT.
  4. Ad-hoc too? by Anonymous Coward · · Score: 4, Interesting

    What happens when your diners start sharing across an ad-hoc wireless network in your shop? Are you obliged to jam signals?

    1. Re:Ad-hoc too? by Anonymous Coward · · Score: 3, Interesting

      No, that would be illegal. I think the first point here is that the government wants to remove their responsibility for wrongdoings.
      More importantly, while I really doubt they would go around disconnecting everyone with open wifi, it gives them a nice
      convenient law they can use to harass, arrest, detain and threaten people with. Dont forget every crime in the UK can get you
      arrested and as it involves more than one person, you'd probably fall under the SOCA legislation meaning they can detain you
      for upto 28 days.

  5. Srsly? by lorenlal · · Score: 2, Insightful

    Yet another case where elected officials aren't really thinking, or they don't understand what they're doing.

    1) They think everyone can still have free Wi-Fi in public places, but it'll be "protected."
    or
    2) Someone's paying them off... Maybe the ISPs since they can swoop in and say, "Hey! Even though you can't offer free (beer) wi-fi, we can help you out! We can set it up so any BT subscriber can use your wi-fi, and that's like X% of the population. That'll be almost as good."

    Or, it could just be innocent rampant stupidity.

    1. Re:Srsly? by MonTemplar · · Score: 5, Insightful

      ISPs hate these proposals even more than we do, since the Government wants them to keep records of Internet traffic for all of their subscribers - that means increased costs to the ISP, which will eventually be passed on to subscribers, meaning fewer subscribers, and possibly even fewer ISPs in the long run as the smaller ones struggle to stay profitable.

      As for "protected" WiFi, the protection appears to be mainly against copyright owners having to do any work to prove that someone somewhere has illegally downloaded and/or distributed some of their work.

      -MT.

      --
      -MT.
    2. Re:Srsly? by Bert64 · · Score: 2, Insightful

      The large ISPs that can afford to implement the recording are more than happy... Economies of scale mean they can implement the recording far more cheaply than the smaller players, many of whom will simply go bust leaving the big players to soak up the extra customers.
      And when they charge extra for the recording, they don't have to spend all the extra revenue on actually implementing it... Much of that will go to profit.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    3. Re:Srsly? by Anonymous Coward · · Score: 3, Informative

      Yet another case where elected officials aren't really thinking, or they don't understand what they're doing.

      Who said anything about elected officials? This bill has been put together by (the unelected) Baron Mandelson (AKA The Prince of Darkness) who is a life peer sitting in the House of Lords, currently First Secretary of State, Secretary of State for Business, Innovation and Skills, President of the Board of Trade and Lord President of the Council. (Never ever confuse the British system of government with democracy as they are two very different things).

    4. Re:Srsly? by gblackwo · · Score: 2, Informative

      You MIGHT be right in the US, but in the UK the "free" wifi router/modem that comes with your service has a key automatically, which is usually on a sticker on the back of the device. I'm not sure if you can change the default settings but most people just plug them in and turn them on like an appliance. Hence most of the wifi networks I see in the UK have default serial number type ssids that came with their default keys. It is way way easier to find open wifi in America where everyone owns a "netgear" or a "linksys".

    5. Re:Srsly? by MonTemplar · · Score: 2, Interesting

      True. Here in the UK, both British Telecom (BT) and VirginMedia will complain but will be probably be able to shoulder the burden anyway. And, as the Phorm debacle revealed, they are not overly concerned about the privacy of their customers...

      -MT.

      --
      -MT.
    6. Re:Srsly? by mrphoton · · Score: 2, Informative

      All correct except your use of the word 'elected'. Lord Mandelson who is heading this bill is not elected at all. He is a Lord and that apparently means it is ok for him impose rules on us. Secondly, Brown our prime minister was never elected as prime minister, he just 'took over' after Blair stood down. So in short this is a c**p bill imposed my unelected morons. However, on the up side there will be a general election with in three months, so it will probably never reach the statute books.

    7. Re:Srsly? by Grant+The+Great · · Score: 3, Insightful

      As a network administrator for a small local ISP I have to say I would absolutely loathe this proposal. I can't even begin to imagine the infrastructure and management nightmare to do something like this at all of our locations.

      So OK, you use encryption for your APs, which you then have to give the password out to your customers making the wireless in effect public anyway.

      Or do you propose we only use WPA2-EAP? So what, we have to not only manage each account individually, but I assume we have to do personnel verification? We simply could have some sort of web based account creation, but would we be held liable if they forged/stole the information? Do we have to do some sort of credit card authorization to make sure the person is who they say they are or do we have to see their ID personally? This kind of defeats the purpose of wireless in some locales.

      And I assume they will want us to log all of the traffic otherwise we'd have to route our public IPs. While in and of itself is not that difficult, most of the time this would be increasingly difficult. Have you priced peering lately? It's not cheap and we're running out of IPs, running NAT at these places is sometimes the only way to bring wireless there. If we can run NAT but have to log the traffic the kind of hardware necessary in order to retain logs for any length of time and keeping it low latency is pretty astronomical and economically infeasible.

      So here's a list of services that they will have to run in order to comply with this: Account management/key storage(ldap), Authentication(RADIUS), Account Creation(web whatever), Packet Logging(ntop) OR Peering Connection/Routable IPs, some sort of database for log retention, and an AP capable of handling the processing power for WPA2-EAP/Authentication. Oh plus you'll need someone to implement and administrate it.

      Does the government plan on paying for this? While the company I work for has the ability to do this and we do for some locations, doing it everywhere would be a nightmare. Not to mention how ripe for abuse this whole system would be. There's a reason why it's not already done. It's expensive, time consuming, hurts the service, and it's easy to get around.

      This is a dumb idea and it won't work. It will put smaller ISPs out of business and even the big ones will have trouble with it. And what do we do about Mom and Pop that don't know how to secure their own wireless? Do they now become liable if someone uses their connection?

      The hell happened to common carrier status?

  6. Re:Can't set up a secure access point? by peragrin · · Score: 3, Informative

    At my work we have both. a closed mac address limited, use WPA keys to gain access. This dumps traffic right onto the VPN, with it's own inernal DNS severs, and traffic management( some websites are blocked etc)

    But we also have an open access unsecured AP that uses the local ISP DNS servers, and never touches the closed network. This is for salesmen to gain internet access when they visit. There is usually range limitation on that point as well. I ofen see this type of setup at places that offer free wifi with their services. One closed network for themselves, and one open one for guests.

    --
    i thought once I was found, but it was only a dream.
  7. Typical government document. by John+Hasler · · Score: 2, Insightful

    > "This seems almost unprecedented to me, for a government document."

    This seems quite ordinary to me, for a government document.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  8. Open wi-fi should be perfectly legal by Darkness404 · · Score: 3, Interesting

    Open wi-fi should be as legal as me, on my own property giving away things for free. No one would care if I was giving out free water bottles on a hot day, nor would anyone care if I was giving away books for free, but when I'm giving away something in essence unlimited* it becomes bad?

    *yes, it does increase bandwidth and would slow down your internet use, but how often is someone going to notice that?

    --
    Taxation is legalized theft, no more, no less.
    1. Re:Open wi-fi should be perfectly legal by Anonymous Coward · · Score: 2, Interesting

      I'd care if you giving away those free water bottles or books lead to an increase in traffic in my residential neighborhood. Or even just at inconvenient hours of the night.

      Believe it or not, what happens on your property can bleed over into mine. Maybe you're a reasonable chap, and will stop doing things when you realize that the things you do bother me...or maybe you're not.

      But sometimes across a whole country it helps to have some laws.

      So far, you haven't articulated a good reason against this one.

    2. Re:Open wi-fi should be perfectly legal by BradleyUffner · · Score: 2, Insightful

      No one would care if I was giving out free water bottles on a hot day, nor would anyone care if I was giving away books for free, but when I'm giving away something in essence unlimited* it becomes bad?

      I 100% agree with you, but I'm going to play Devil's Advocate here.

      Once you start handing out child pornography it's bad.

    3. Re:Open wi-fi should be perfectly legal by Darkness404 · · Score: 2, Insightful
      Because we all know that there are always loads of cars in front of people's houses that have free wi-fi....

      It doesn't happen. In fact, one of my neighbors runs a open wi-fi network, I've noticed absolutely no more traffic near their house or in the neighborhood since they started doing it.

      As for any interference, it doesn't happen there are a multitude of channels and a nearly infinite amount of SSDs you can use for your own access points.

      But sometimes across a whole country it helps to have some laws.

      Not when it leads to a loss of liberty.

      --
      Taxation is legalized theft, no more, no less.
  9. Enforcement? Not likely. by geekmux · · Score: 2, Funny

    Yeah, not only a bad idea, but how the hell are you gonna enforce it? I mean seriously, anybody driven down around a couple of square blocks in Downtown, Anywhere with a sniffer lately? What, at least 40 or 50 APs show up, most of which are unsecure?

    Heh, if they do have some sort of WiFi goon squad running around with a scanner, one could keep them busy for a while with FakeAP...

  10. Re:Can't set up a secure access point? by Darkness404 · · Score: 2, Interesting

    Because we all know that coffee shops hide servers behind the counter.... Most of the time the free wi-fi they provide is simply an extra consumer-level connection that goes to a cheap-as-free router, they change the SSD and let people use it. Its no big deal if someone uses it and doesn't buy a coffee either, they pay the same for it if someone drank 1000000 cups of coffee or if someone drank one. Its a good advertising scheme too, traveler is walking downtown sees an open access point for a coffee shop, goes in has a coffee and uses the wi-fi.

    --
    Taxation is legalized theft, no more, no less.
  11. Brown envelopes by Wowsers · · Score: 3, Insightful

    I'm sure if you paid Peter Mandelson* some brown envelope money then he would amend the law. But as it is, I think he's more interested in the kind of money that media moguls have when he goes mixing with them on yachts in the South of France for a "friendly chat." The man and the current UK government are evil. * the chief architect of this whole bastard Digital Economy law

    --
    Take Nobody's Word For It.
    1. Re:Brown envelopes by Bazman · · Score: 3, Insightful

      You forgot to add 'unelected (twice)' in your description of Peter Mandelson. He shouldn't be anywhere near government, let alone at the heart of it.

    2. Re:Brown envelopes by MonTemplar · · Score: 3, Insightful

      The problem is, apparently, that the big copyright holders already did that - except they probably used a brown wheelbarrow.

      What is most troubling is that the Digital Britain bill will give Lord Voldem^H^H^H^H^H^HMandelson the ability to do pretty much as he wishes regarding controls over the Internet, without having to trouble himself with asking Parliament if it's OK. :(

      -MT.

      --
      -MT.
  12. All-fronts attack by hyades1 · · Score: 4, Insightful

    What's really needed is a multi-national organization to address what's clearly an all-out assault on internet freedom by a variety of vested interests. Governments, patent trolls, multi-national entertainment corporations...all of them are pushing in the same direction, and there doesn't seem to be any unified push back.

    Let's be clear: I'm not alleging a conspiracy. What I'm saying is that these groups all know where their best interests lie (screwing the consumer/citizen/user/whatever) and they sense that if they don't get their boot on our throat, no matter how badly they have to bend the various constitutions of the democracies they use for cover, the opportunity will slip away. They aren't about to let that happen if they can possibly help it.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
  13. What about open streets? by mangu · · Score: 4, Insightful

    At any rate people shouldn't have truly open access points to begin with

    Would you allow us to have open streets, sir, or should we wear tags to identify us while we walk outside?

    1. Re:What about open streets? by Anonymous Coward · · Score: 2, Funny

      I don't think even Godwin was expecting that one this early in the game.

  14. Ridiculous by JustNiz · · Score: 2, Insightful

    The government have totally lost the plot. I'll be so glad when BRrown and his morons get voted out in May.

    1. Re:Ridiculous by TheLink · · Score: 2, Interesting

      > Maybe the Lib Dems might be the best option but it seems very unlikely that they will win.

      So what? The alternatives don't have to win. They just have to start gaining enough share.

      Then other voters might go "hey they might have a chance the next round", and if they agree, actually vote for them the next round.

      And the winning party might also go "uh oh, they might actually have a chance the next round, maybe we should be slightly more like them".

      Otherwise the option is for the stupid sheep to just keep voting for either of the same two wolves to eat them.

      --
  15. Password as your SSID by nurb432 · · Score: 2, Insightful

    There, its secure :)

    --
    ---- Booth was a patriot ----
  16. Imprisonment In The Community is here by Anonymous Coward · · Score: 2, Insightful

    Every call will be logged, every transaction filed, what you do, where you go, who you see and what you think will be traceable. You will be watched, profiled, targeted, and the number plate of your vehicle registered at each motorway intersection.

    There will be no cheating and you will do what you are told - though to be fair, for the milch cows amongst us that will not be a problem.

    The UK government introduced the quaintly named. "Care in the community" in order to allow them to cut costs by dumping people with serious psychological disorders out of the hospitals and on to the streets.

    Now they are taking it a step further. Welcome to, "Imprisonment in the Community". No need for the concentration camps. You are already under control right where you are - going about your daily business.

  17. Re:Can't set up a secure access point? by smchris · · Score: 2, Insightful

    Sure. And that's probably how the lobbyists sold it. The problem, at least in the States, is that we no longer seem capable of electing politicians who _think_. The good ones just _deal_ and justify it as the way pragmatic realpolitik works. The bad ones purposefully deal for dollars.

  18. Re:What might make more sense.... by mark-t · · Score: 2, Informative

    Well, in Canada, there's a section of the Criminal code (342.1) that disallows the use of computer computer resources (which would include WiFi) without permission from the owner. A person's ability to access the resources is not taken as an indication of any implied permission. If one can show that the use was inadvertent, it will not, in general, carry an legal penalties unless there are extenuating damages. Claiming "the network was unprotected" would not fly as evidence that it was inadvertent. In fact, if one actually tried to use that as an excuse, it would essentially be a confession that they knew that they were utilizing somebody else's network in the first place, and so make them legally liable.

  19. very british by molecular · · Score: 3, Insightful

    * Shut down the last hiding-place. Anonymity be gone.

    * Make encryption illegal. No Secrets.

    * Make people sign every ip-packet with their government-issued key and make ISPs drop all unsigned packets. Total accountability.

      => Everyone secure beneath watchfull eyes (especially our children)

    creepy!

  20. I don't get it... by geegel · · Score: 2, Insightful

    What's to stop coffee shops from setting a password protected wifi spot and then putting a big poster with the password on it?

    --
    right...
  21. cost/benefit by jirka · · Score: 2, Interesting

    Ignoring any moral arguments against these laws, did anyone actually do the analysis of the cost vs. benefits? I mean these laws have direct costs for 1) ISPs 2) small businesses/libraries/etc...3) the increased costs to the state for enforcing such laws. There will be indirect costs for 4) all internet users as the cost of connection is raised. Finally, this will mean loss of connectivity, either in certain contexts or simply due to rising costs hence there will be a cost 5) the economy as a whole.

    Alright, what about benefits. Did someone do actual accounting how much the entertainment industry will gain from these rules (I am assuming they are the biggest beneficiary). Not how much they are saying they are losing. That's a made up number. But in reality, did anyone analyze how higher the profits will be with these rules in place? What needs to be taken into account is that some people who download illegal content would not buy it legally, and further what needs to be taken into account is that such rules will only reduce the rate of piracy (presumably) and will definitely not eliminate it. People copied content before the internet and they will continue to do so. Perhaps less so, but it will continue to occur.

    Finally, did anyone independent really analyze the benefit to society and economy from the increased profit of the entertainment industry? Is there a pressing need? Are there fewer artists that create content? Are movie studios not making new movies? Would really more content be generated with these rules in place? Do make sure to figure into any analysis that decreased connectivity will to some degree stifle content creation, and besides the negative effect on society that this may have, this will also have a negative effect on the very industry which they are trying to "protect."

    Another perhaps strange effect is that people ARE willing to pay for things even when it is possible to get them for free. Economists often forget to figure in this effect. If you look at statistics of album sales during the napster days, you will notice that sales were up when napster was around and there was plenty of illegal music sharing, and sales went down around the same time that napster got shut down. Without drawing a conclusion of causality, such correlations should be on better scientific footing that simply the "obvious" conclusion that the music industry could have made even more money if napster wasn't around.

    I have not seen any such analysis done anywhere. The only arguments for are the faux-common-sense arguments that espouse the obviousness of the benefits of such rules and therefore there is no need to actually figure out what the benefits are.

    Of course I am assuming that internet access does contribute to value creation in an economy and it is not true that internet is used solely for viewing porn and downloading illegal music. If I am wrong in this assumption then of course these rules are a boon to the economy. It will be a double whammy, less illegal downloads AND people will probably do actual work out of boredom from not being able to access porn.

  22. Re:Enforcement? Not likely. by Antique+Geekmeister · · Score: 2, Interesting

    The UK already has one: they patrol neighborhoods scanning for unlicensed televisions, those on which they haven't paid their "license fee", which anyone else in the world would call a television tax.

  23. Re:Enforcement? Not likely. by troc · · Score: 3, Informative

    The idea of a public TV license isn't as unique to the UK as people seem to think. http://en.wikipedia.org/wiki/Television_licence - It's a lot more normal than you might think and doesn't make the UK unique or special.

    It's more the US that's "special" because they don't have one.

    --
    Troc's dubious podcast and blog: http://www.trocnet.net