Usefulness AUP on an Anonymous Wireless Network.

["Jerry Gamblin" <Jerry.Gamblin () house mo gov>]

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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