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@xxxxxxxxxxxxxxxxx
[mailto:listbounce@xxxxxxxxxxxxxxxxx] On Behalf Of Jerry Gamblin
Sent: Thursday, October 19, 2006 7:17 AM
To: security-basics@xxxxxxxxxxxxxxxxx
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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