DCC's free internet plan poses legal risk

Cyber criminals could exploit plans for a free wireless internet service in Dunedin and leave the Dunedin City Council legally responsible for their nefarious behaviour, an industry expert is warning.

The claim was made by Dunedin businessman Stu Fleming, the managing director and chief technical officer of the Dunedin-based internet service provider WIC NZ Ltd, former InternetNZ councillor and current member.

He said the council's wireless (Wi-Fi) internet proposal had some merit, but warned it would establish the council as the customer of an internet service provider, rather than "anonymous" end-users making use of the free service.

That in turn could see the council carrying legal liability for any copyright infringements by those using the network to download music, movies or games illegally, he warned.

Others could use the network to access objectionable material, harass others or breach protection orders, he warned.

The council should "urgently seek a legal opinion" on how to reduce or avoid any legal risks associated with the Wi-Fi proposal, he said.

"The proposal as it stands opens the council to potentially significant legal liability for any illegal action . . . that might be carried out by an end-user.

"The legal liability issue . . . I regard as a potential show-stopper," he said.

Mr Fleming's concerns were presented to Dunedin city councillors at a public forum on Wednesday.

Contacted yesterday, Cr Dave Cull - a member of the council's digital communications strategy group - said the warnings had to be taken seriously, and would be discussed at the next meeting of the strategy group.

Changes to the proposal could result, possibly including password-protected access to the network, although that risked discouraging others from using the service, he said.

"We would be foolish not to investigate what he [Mr Fleming] has to say."

Speaking at the public forum, Mr Fleming also warned the cost of establishing a trial Wi-Fi network in the Octagon could "roughly double" from the $8500 estimated, and a wider network covering the city could cost $10 million.

The scheme also risked creating a "de facto monopoly" for one ISP contracted to the council, restricting private sector Wi-Fi choice and innovation in Dunedin.

Mr Fleming acknowledged that could interfere with his own commercial activities, although "I leave that to one side".

He urged councillors to focus on developing a high-speed fibre broadband loop linking the city's high-tech businesses and institutions, with free Wi-Fi providing access to the loop.

"I believe that massively greater benefits could be achieved that would truly set Dunedin apart as a city with technological vision and ability," he said.

Also addressing the public forum, Dunedin web designer Paul Le Comte said the Wi-Fi plan risked "picking winners" among the city's cafes, by encouraging customers to visit those Octagon businesses with free Wi-Fi.

"Those businesses which don't have the service will be instantly excluded," he said.

Instead, the council should encourage individual cafe owners to invest in their own free Wi-Fi services, which would attract customers.

Cr Cull said the suggestion was "not silly" and alternatives would be considered, but if councillors supported launching the planned council-funded free Wi-Fi network, the scheme had to "start somewhere".

The planned 12-month trial of free Wi-Fi in the Octagon won support at last month's meeting of the council's economic development committee, but would be considered again at the next full council meeting on August 17.

chris.morris@odt.co.nz

An example ...

By the way here's an example of the risks of running a Muni Wifi - MPAA shuts down entire town's muni WiFi over a single download - if the National Govt brings back the '3-strikes and your out' law in any form the DCC will be on the hook - and as we can see the media companies will prosecute.

Lawyers ...

Blame the politicians - the current law (in abeyance) and the proposed change require ISPs to behave in particular ways. If you let other people use your wifi you may be an ISP - either you are and you have to cut people off under some circumstances where they have downloaded copyrighted material through your wifi or you're not and your entire upstream internet connection is cut off because of an anonymous user.
I'm not in favour of this crazy system - but it's what our politicians are giving us. Places like Lawrence and the DCC proposal don't fit well into the normal ISP model and sadly the government doesn't seem to be addressing their needs.

Fear mongers

Come on ......
lawyers? The reason the internet has been so successful is because it is outside the normal fear-based envelope that everyone seems to operate from. Leave it alone - let there be internet available for all. And why would you have to bar Mac users or Mac adresses? Such discrimination.

but it is real ....

While it's all still up in the air the kerfuffle about the sec 92a law changes back at the beginning of the year put the onus on ISPs to kick off offending users (without trial or any real evidence) who might have download copyrighted information (remember everything we download is copyrighted - it has more to do with who you piss off).

Under that previous regime the DCC (and other free providers like Lawrence) would have been put on the spot to bar particular users - without some sort of concept like 'logging on' to the network that's pretty difficult to do (likely you'd have to bar by mac address) - it's a lot more work than just dropping a few wifi access points on DSL lines and leaving the passwords off.

What we'll end up with after the Nats are done with it may or may not be more workable than the previous law (it's largely being pushed by MED who are being pushed by the US as a part of any free trade agreement) it's likely to still be onerous to manage. I don't think the govt's really thought this stuff through - they only see ISPs as being those big organisation who sell DSL connections. I'm all for free wifi, I'm used to finding it in cafes in other countries and I hope the DCC can pull it off - but they probably need to talk to their lawyers first and maybe wait for the govt's to rework the currently suspended law.

Get real

Yes it is an excellent idea but perhaps the way they have proposed to do it is not the best way. I support their step into the present day. It is a good change from the 1960s mind-set when rugby was the focus of NZ passion and a sure conversation starter was "What do you think the score will be this Saturday?"
Millions of our dollars have been spent on reports and consultation over the stadium and the ORC's proposed harbour-side premises and the waterfront precinct and the Town Hall clip-on and now the glass brick, and the bright idea to build a tower at the Early Settlers Museum to get a view of the railway station clock tower. Not too much time making sure that we do not fall into traps over at last getting internet that is not hill-billy standard the way it is at present, would be smart thinking. Then we would have something to attract high-earning professionals to live here for the lifestyle while their clients are all over the world.
This is not the 1960 when attracting more businesses meant subsidizing factories like F&P. It is encouraging to see some councillors are actually living in the present and looking towards the future.

get real

This is the one brilliant idea that the DCC has had in their last term this they actually got right - so let's give them a big pat on their bums and let them give us something that truly will bring us into the 21st century...... whooooooooohoooooo for the DCC

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