4th December 2009 - Reports that a pub client of The Cloud - the public access WiFi service - has been fined eight thousand pounds after a customer downloaded a file illegally, sets a very dangerous precedent, says Tamar Beck, a spokesperson for the organisers of Infosecurity Europe.

"The Cloud's business model is similar to that of a wireline ISP - namely providing an Internet connection in return for payment - and the wireless ISP's clients then sublet their service to their customers either for payment, or for free, depending on the type of establishment," said Beck.

 

"In this case it seems the pub chose to offer its WiFi service for free and an anonymous customer downloaded a copyright item, which the copyright owner then pursued the owner of the IP address - in this case the pub - for," she said.

 

Whilst legal cases involving alleged copyright infringements on the Internet are nothing new, this appears to be the first time a WiFi site owner has been effectively forced to pay up for a download of an apparently unknown person.

 

There are several law firms pursuing IP address owners for money, and most of the case tend to be settled out of court, as is expected to be the case with the latest batch (http://bit.ly/5LVHr5) involving around 15,000 suspected filesharers, said Beck.

 

What's different about this case, she explained, is that the pub owner appears to have settled out of court with the copyright owner, rather than risk going to court and ending up with a hefty legal bill and a possible even heftier fine.

 

The problem with the precedent in the case is that this effectively forces both free and pay-for WiFi sites to log the identity of customers using the service, including the MAC code of the device they are using.

 

Unfortunately, Beck says, MAC codes can easily be spoofed, and it's relatively easy task for someone to provide either a forged or stolen ID, which they almost certainly will do if they are illegally downloading movies or software.

 

"Add in the well-known problem of drive-by downloading on an open WiFi access point and this makes a mockery of the security procedures that this precedent apparently requires pub and cafe owners to carry out," she said.

 

"This is also an unenforceable precedent, as whilst the majority of law-abiding citizens will provide IDs and MAC codes, the illegal users of open WiFi connections will not. It's now down to the courts to decide on the best way forward," she added.

 

And that is before we get into the discussion about pre-paid 3G dongles paid for and topped up using an anonymous pre-paid debit card, but that is entirely another story, she noted.

 

For more on the eight thousand pound pub WiFi case:

http://bit.ly/7nahi5

 

For more on the Infosecurity Europe Event: http://www.infosec.co.uk

 

 

ENDS

 

 

 

About Infosecurity Europe

Infosecurity Europe, celebrating 15 years at the heart of the industry in 2010, is Europe’s number one Information Security event.  Featuring over 300 exhibitors, the most diverse range of new products and services, an unrivalled education programme and visitors from every segment of the industry, it is the most important date in the calendar for Information Security professionals across Europe.  Organised by Reed Exhibitions, the world’s largest tradeshow organiser, Infosecurity Europe is one of five Infosecurity events around the world with events also running in Belgium, Netherlands and Russia.  Infosecurity Europe runs from the 27th – 29th April 2010, in Earls Court, London.  For further information please visit www.infosec.co.uk

Notes for editors

For further press information please contact Neil Stinchcombe on (0)20 7183 2833 or email This email address is being protected from spambots. You need JavaScript enabled to view it.