I can't think why you would. ISPs like to get *PAID*, and
as a result tend to enter into an enforceable contract with
their users, to which the AUP is attached. In the anonymous
(therefore free) context specified, you've no such hook to
hang any legal restrictions (and indemnification) on.
David Gillett
-----Original Message-----
From: Scott Ramsdell [mailto:Scott.Ramsdell@cellnet.com]
Sent: Friday, October 20, 2006 8:10 AM
To: gillettdavid@fhda.edu; Jerry Gamblin;
security-basics@securityfocus.com
Subject: RE: Usefulness AUP on an Anonymous Wireless Network.
I'm not a lawyer either, but I would expect you'd enjoy the
same protection ISP's do.
-Scott Ramsdell
-----Original Message-----
From: listbounce@securityfocus.com
[mailto:listbounce@securityfocus.com]
On Behalf Of David Gillett
Sent: Thursday, October 19, 2006 3:14 PM
To: 'Jerry Gamblin'; security-basics@securityfocus.com
Subject: RE: Usefulness AUP on an Anonymous Wireless Network.
My expectation (IANAL...) is that if you can't prove that
the user saw and agreed to the AUP, you can't enforce it in
court (if it comes to that). And that would include being
able to pass liability on from you to them, so unless you
trust them to make life-or-death decisions about your
network, I'd want some slightly stronger mechanism.
Dave Gillett
-----Original Message-----
From: listbounce@securityfocus.com
[mailto:listbounce@securityfocus.com] On Behalf Of Jerry Gamblin
Sent: Thursday, October 19, 2006 7:17 AM
To: security-basics@securityfocus.com
Subject: Usefulness AUP on an Anonymous Wireless Network.
I was having a discussion with a professor in one of my law classes
and he didn't have an answer so I thought I would ask it here.
Here is the hypothetical situation:
You have a public wireless network that doesn't have an
authentication
mechanism that you allow the general public to use. In
order to limit
your liability you use a click through AUP but you don't
ask for any
information that can be used in tracking the user should they do
something illegal on your network (example: download a movie off
bittorrent).
Does the click through AUP mitigate your liability or is it just a
false feeling of security?
Thanks,
Jerry W. Gamblin
Information Systems
Missouri House of Representatives
201 West Capitol Avenue
Jefferson City, MO 65101
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EARN A MASTER OF SCIENCE IN INFORMATION ASSURANCE - ONLINE
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in Information Security. Our program offers unparalleled Infosec management
education and the case study affords you unmatched consulting experience.
Using interactive e-Learning technology, you can earn this esteemed degree,
without disrupting your career or home life.
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