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Barely a month since the controversial Digital Economy Bill was rammed through Parliament, a sign of things to come has emerged from Germany. This week Germany's highest criminal Court ruled that Wi-Fi owners are liable for abuse by a third party in cases where they fail to password-protect their internet connections. The decision came in a case brought by an unnamed musician who sued the user of an open internet connection that was used to upload his music onto a file-sharing network. The owner of the network was able to prove that he was on holiday at the time of the alleged offence. Users risk fines of €100 if their open Wi-Fi connection is used to download copyright-infringing material. The UK's Digital Economy Bill makes owners of publicly accessible Wi-Fi hotspots liable for piracy committed - the public connection provider is also required to maintain records, going back 12 months, of the communication taken place on the network. The Bill also supports compulsory internet disconnection for persistent internet pirates. "No exceptions" UK Ministers admitted that there will be no exceptions for anyone operating an open Wi-Fi network, even a library or a university. Thus, if a library had an open Wi-FI network, and it received accusations of file sharing, it could be liable. Clause 14 of the Act states that customers must take “reasonable steps” to stop their network being used for illegal purposes. But what does the term “reasonable” actually mean? Many providers use terms and conditions screen to warn users to play by the rules to cover themselves but it is difficult or impossible to stop someone intending to use your Wi-Fi connection for illegially downloading content. The law surrounding open Wi-Fi networks and the liability of those running them, is something of a grey area. It is unclear what form of an encryption a connection needs to be used (WEP can be easily cracked, unlike WPA), or if users could also be partially liable for other cyber crimes, including fraud or downloading child pornography. The law in the UK is as yet untested. Ofcom, Internet Service Providers, and lawyers are working on procedures for any action against illegal copyright infringers. 19% users do not password protect A recent Moneysupermarket.com study revealed that 19% of UK users do not passwrod protect their wireless internet connections. 24% said they didn’t know Wi-Fi hijacking was possible. 15% of web users admitted to using someone else’s web connection in order to surf the web, some admitted to emailing and downloading large files, as well as streaming content using online services such as the BBC iPlayer as programmes are broadcast, which requires a TV licence. In November, a pub landlord was hit with an £8,000 fine after he was successfully sued by the content rights holder. This was because one of his customers had been caught downloading copyright content using the pub’s Wi-Fi hotspot. 'Deter open networks' Campaigners against the bill said the law would deter open community networks. Many pubs, coffee shops and public buildings use open networks, all be it with a modest password provided at the till or front desk. The Open Rights Group warn the ruling will lead to more closed networks, hindering accessibility. Mobile operators who are putting their faith in smart phones that can hop between 3G and Wi-Fi networks will find their plans seriously flawed. "Fines unlikely" Speaking to Security journal, SC Magazine Stuart Okin, managing director of Comsec Consulting was doubtful the UK would see fines like Germany and questioned how it could be policed. Adding: "In Germany there is a different culture, and when rules come into play they are obeyed without question. In the UK I am not saying that no one will do it, but it is not advisable and realistic to work." The DE Bill passed by 189 for to 47 against - 419 MPs did not attend. Those who took part in the third reading debate wanted more time to discuss the legislation and those who did vote where whipped by the party and did not sit in the debate.
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