RE: Usefulness AUP on an Anonymous Wireless Network.

["Craig Wright" <cwright () bdosyd com au>]

There is case law in the US. The act of downloading the banner is enough
to make it enforceable. This will allow you to add the party in a
joinder to a suit.

This does not however stop a negligence action being brought. So at the
best it may reduce the exposure, but it does not remove it entirely.

Craig

-----Original Message-----
From: listbounce () securityfocus com [mailto:listbounce () securityfocus com]
On Behalf Of David Gillett
Sent: Friday, 20 October 2006 6:14 AM
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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