A user on the open or ‘free’ WiFi hotspot of a local pub in the UK downloaded content that was copyright protected and therefore illegally copied. The pub hotspot was supplied by The Cloud, a UK and European based wireless broadband provider, in a similar manner as those you find in coffee shops and pubs, retail outlets, many hotel lobbies, the City of London’s own hotspots, and so on.
There are many misunderstandings on the Web today about why the pub was fined. It was not fined because the WiFi hotspot was ‘insecure’, the ‘openess’ of the hotspot did not mean it was ‘insecure’, it was ‘free to use’ or ‘open’. It was not fined because it had no firewall or some filtering system in place. It was not fined because it sanctioned illegal behaviour intentionally. It’s a pub for goodness sake, it sells alcohol and food and that is its core business.
The Cloud provided the pub with the hotspot technology and broadband connectivity to enable the pub’s customers to use their notebooks to link up to the Internet from anywhere within the hotspot’s range. A customer, or customers, sometime during the period of use, downloaded copyrighted material to a pc over this hotspot. These downloads were traced to the pub and as the law now stands they were prosecuted for the infringement.
Was it fair? In my view there is very little that a pub can do to prevent such actions by its customers. In such an arrangement, managed WiFi hotspots, the client, in this case the pub, has no expertise as to the technical integrity or technical setup of the hotspot. That is the whole purpose of the hotspot provider, in this case The Cloud. For a general ISP the tracking down of the actual culprit is somewhat easier as the ISP contract is with a single individual or business, and in the generic ISP contract such actions are clearly deemed illegal and contrary to the ISP’s T&C’s.
For a hotspot provider and its clients, like the pub, the user base is somewhat more fluid and this makes it tougher with current equipment to trace and lockdown one specific user in the same way. Public WiFi systems (hardware and software), normally custom developed solutions or built around Radius servers, will only track a customer on the hotspot network for the time they are logged on for and the amount of data they are using. Very little else is tracked or logged, and therefore this makes for a tough legal exercise when the actual user infringing on copyright on such a hotspot needs prosecuted.
I am of the opinion the pressure to prosecute in this case took precedent over a more logical approach where the copyright owner and police could have worked with technology partners and the hotspot providers in creating more secure ways for users to log into the network and then have them trace who the true culprits are, instead of suing anyone in such a broad shotgun approach as happened here. Software can be used to track what customers are downloading, but we cannot implement that sort of Big Brother solution without trampling on a citizen’s privacy. So the service provider can be requested to implement screening software or technology that limits access to known sources of stolen or compromised software, media and content.
This would mean companies like The Cloud would have to be held accountable when things go wrong, and not the poor non-technical licensee like the pub. Setting this into a correct cycle of responsibility would also mean that the growth of the Internet across multiple channels like wireless hotspots would also not be stymied the way it could be. It won’t take much to counter the marketing done by ISP’s and wireless broadband service providers, and this case specifically will be one that many businesses will reference when they decline to have hotspots on their premises in the future.
If we don’t approach problems like the one that led to this outrageous case constructively, then with changes in the laws governing Internet usage pandering only to the legal might of content owners and their deep pockets, as has already been tabled in the UK, the inevitable will happen. No, not a stop in the downloading of compromised content or media, but instead the death of open Internet provision as we experience it today.