Security Basics mailing list archives
RE: Usefulness AUP on an Anonymous Wireless Network.
From: "Craig Wright" <cwright () bdosyd com au>
Date: Fri, 20 Oct 2006 13:09:04 +1000
There is case law in the US. The act of downloading the banner is enough to make it enforceable. This will allow you to add the party in a joinder to a suit. This does not however stop a negligence action being brought. So at the best it may reduce the exposure, but it does not remove it entirely. Craig -----Original Message----- From: listbounce () securityfocus com [mailto:listbounce () securityfocus com] On Behalf Of David Gillett Sent: Friday, 20 October 2006 6:14 AM To: 'Jerry Gamblin'; security-basics () securityfocus com Subject: 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 () securityfocus com [mailto:listbounce () securityfocus com] On Behalf Of Jerry Gamblin Sent: Thursday, October 19, 2006 7:17 AM To: security-basics () securityfocus com 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 -------------------------------------------------------------- ------------- This list is sponsored by: Norwich University EARN A MASTER OF SCIENCE IN INFORMATION ASSURANCE - ONLINE The NSA has designated Norwich University a center of Academic Excellence in Information Security. Our program offers unparalleled Infosec management education and the case study affords you unmatched consulting experience. Using interactive e-Learning technology, you can earn this esteemed degree, without disrupting your career or home life. http://www.msia.norwich.edu/secfocus -------------------------------------------------------------- -------------
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Current thread:
- Usefulness AUP on an Anonymous Wireless Network. Jerry Gamblin (Oct 19)
- RE: Usefulness AUP on an Anonymous Wireless Network. David Gillett (Oct 19)
- Re: Usefulness AUP on an Anonymous Wireless Network. Saqib Ali (Oct 20)
- <Possible follow-ups>
- RE: Usefulness AUP on an Anonymous Wireless Network. Craig Wright (Oct 20)
- RE: Usefulness AUP on an Anonymous Wireless Network. Scott Ramsdell (Oct 20)
- RE: Usefulness AUP on an Anonymous Wireless Network. David Gillett (Oct 23)
- RE: Usefulness AUP on an Anonymous Wireless Network. Scott Ramsdell (Oct 23)
- RE: Usefulness AUP on an Anonymous Wireless Network. Jerry Gamblin (Oct 23)
- RE: Usefulness AUP on an Anonymous Wireless Network. David Gillett (Oct 19)