Imx Fix in my experience
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August 14, 2002 7:45 AM

To: Cory Doctorow


Re: your mail to Cam, Re: wireless AP's and liability, you wrote...

> When you provide bandwidth to others (provided you do so within the AUP of
> your ISP), you are an ISP under the law.

I'm assuming AUP = Acceptable Use Policy, and I think it's dangerous to assume any ISP's acceptable use includes sharing bandwidth/connectivity (you know about the Time Warner crackdown). Are the rest of your comments are based on a 'sharing is cool' policy?

Even is sharing is cool with your ISP, and even if "the Communications Decency Act and the Digital Millennium Copyright Act indemnify you from liability" this doesn't mean you are protected from being targeted by a 'victim' of someone that might have been using your network to "utter death threats, traffick in child-porn, or illegally trade copyrighted works."

"Targeted" could be as simple as an email, or a cease and desist letter, or any other form of "you are guilty, now prove yourself innocent" situation. I think your vision of a connected humanity ignores the fact that there are a lot of assholes out there and the law is way behind technology.

My advice for normal average joe's with a new Linksys AP? At least turn on the WEP, even if it is weak. It forces people to *try* to get themselves on to your network which does two things; pushes those who want to use an open access point elsewhere (which is probably everyone/anyone) and makes them clearly in the wrong for using your network.

My two cents.