[ogWiFi] Public hotspot fined over illegal downloading by patron

[Russell McOrmond]

Tracey P. Lauriault wrote:
> We have not seen this yet in Canada and we have not seen the results 
> from the course case. 

   I am also unaware of any caselaw.

> But really, maybe they should be suing the phone companies as they are 
> the ones who provided the lines!

   The phone companies are regulated common carriers that must keep 
logs, respond to court orders, etc.  Those providing free wireless are 
quite different.

   If you believe that there is such a thing as an unlawful 
communication between two consenting parties, then this means you must 
support holding someone accountable for these unlawful communications. 
  If an intermediary does not have verifiable logs that reference the 
actual endpoint, then the intermediary would be liable.  That's just how 
the law works, and needs to work in order for the law to be enforceable.


   In my case I don't believe there should be such a thing as an 
unlawful communication between two consenting parties.  I believe that 
end-to-end encryption/authentication is the solution to the "legitimate" 
problems with the network (So I can block communications I don't want to 
receive, a choice made by endpoints and not any third parties). But this 
is me.

   People need to put some thought into what they personally believe, 
given there are some pretty hard choices you must make to come up with a 
belief that is consistent and possible to implement.

   If you agree with me you have to deal with a general public and 
political/legal/social infrastructure which is unlikely going to agree 
for generations to come ;-)

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  Please help us tell the Canadian Parliament to protect our property
  rights as owners of Information Technology. Sign the petition!
  http://www.digital-copyright.ca/petition/ict/

  "The government, lobbied by legacy copyright holders and hardware
   manufacturers, can pry my camcorder, computer, home theatre, or
   portable media player from my cold dead hands!"