[WEB4LIB] Wireless APs and Liability

[Andrew Mutch]

Michael,

I don't think the library takes on any more liability than any other ISP. RIAA
may come looking for information on who is engaging in the activity but the
library itself should be fairly immune from claims against it unless the
library has knowledge of specific infringement and takes no action to stop it.
That being said, I would definitely require, at the minimum, all users to view
and accept an AUP that covers this ground before they access your network. We
are using PublicIP to authenticate users onto our wireless network and while
we run an open network, no one gets Internet access before they view and
accept our Internet Access Policy which is available here:

http://www.waterford.lib.mi.us/general/inetaccess.htm

If they get themselves into trouble, no one can claim that they didn't know
about the policy. They may have chosen not to read the policy but that's their
decision. I would get legal feedback on the legal issues but that's how we've
approached it.

Andrew Mutch
Library Systems Technician
Waterford Township Public Library
Waterford, MI



"Michael J. Dargan" wrote:

> Hello-
>
> =20
>
> If a public library provides wireless AP access and takes no measures to
> authenticate or limit access, how much exposure do they have if someone =
> uses
> that AP to pirate software, music, or video that is covered by =
> copyright?
> It appears that homeowners would have significant civil and maybe legal
> problems.  I've heard librarians tell me that wireless APs are no =
> different
> than copy machines and that if we post a written policy admonishing =
> users to
> not do "bad" things, we're okay. =20
>
> =20
>
> I'm a bit skeptical as someone grabbing our signal from across the =
> street
> can't reasonably be expected to see our bulletin boards.  Wouldn't the
> library at least need to have users agree to an AUP?  And even then, =
> would
> that be enough?  I would hate to get a letter from the MPAA telling me =
> that
> download activity had been traced to the IP address of our AP.  On the =
> other
> hand, should I quit being so fretful, plug it in, and hope for the best? =
> =20
>
> =20
>
> Michael J. Dargan
> Technical Services Librarian
> Waterloo & Cedar Falls Public Libraries=20
>
> =20
>
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