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Small Businesses Not Exempt From ISP Six Strikes Plans
Open Hotspot Operators May Shutter Wi-Fi
by Karl Bode 08:50AM Monday Jan 21 2013
Leaked documents on the entertainment and ISP industries "six strikes" anti-piracy initiative show that small businesses won't be exempt from the program. The group behind the upcoming program, the Center for Copyright Information (CCI), tells Torrent Freak that while most alerts will go to residential users, businesses may be impacted as well. There has been worry that businesses running Wi-Fi hotspots will suddenly find their connections throttled or temporarily severed due to patron behavior.


That's ok, argues the CGI's Executive Director Jill Lesser, because if you're sharing your broadband over Wi-Fi, you're already violating your ISP's terms of service.

"Importantly, the terms of service are essentially the same as residential accounts and if small businesses are allowing their employees to engage in copyright theft then they are violating their terms of service,” Lesser says.

"In addition, the terms of service on such accounts do not allow them to be used to provide free WiFi or 'hotspots' so the hypothetical café owner offering public WiFi will not be subject to the CAS if they are following their terms of service."

Don't be too surprised to see coffee shops and small store owners nationwide decide that open Wi-Fi is too big of a liability after the stores face several strikes. Still, as we've noted previously, while you'll have to read "educational" material and have your connection throttled once or twice, nothing happens after the plan's sixth strike. While the CGI insists those users won't face lawsuits, many business owners obviously aren't going to want to take that risk.

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ArrayList
netbus developer
Premium
join:2005-03-19
Evanston, IL

safe harbor

where do the safe harbor laws apply here?

FFH
Premium
join:2002-03-03
Tavistock NJ
kudos:5

Re: safe harbor

said by ArrayList:

where do the safe harbor laws apply here?

Those laws can prevent you from being hauled in to court for copyright infringement. But they can't prevent your ISP from terminating your service for breaking TOS rules and contract terms.

But I doubt many ISPs are interested in terminating paying users in any of these cases. Most cafes, restaurants, bars, etc are in little danger of losing their hotspots.
--
A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves money from the public treasury.

battleop

join:2005-09-28
00000

Really?

"That's ok, argues the CGI's Executive Director Jill Lesser, because if you're sharing your broadband over Wi-Fi, you're already violating your ISP's terms of service."

That's funny. I don't recall our TOS restricting the use of our customer's connections. We really don't care what you do with your connection as long as you are not breaking the law. In the case you are breaking the law we are going to do only what the law requires us to do. I.E. if you are not an Law Enforcement Agency or you do not have a subpoena in hand you will never get a chance to talk to anyone who could supply you with anything.
--
I do not, have not, and will not work for AT&T/Comcast/Verizon/Charter or similar sized company.

michieru
Premium
join:2009-07-25
Miami, FL
Reviews:
·Comcast Business..

1 recommendation

Re: Really?

AtlanticBB has this policy written in their TOS but as a business customer all you need to do is tell them you want that language out because you "will" be using it for a hotspot and all it takes is a revision from the legal department and your good to go.

battleop

join:2005-09-28
00000

Re: Really?

We provide service to a large number hospitality based customers so it's a given that they are going to operate some sort of hot spot type service for their customers. The way I designed our network it's almost impossible for 1 customer to effect the other customers so if you end up flooding your pipe 100% 24/7/365 the only thing you can do is cause your self harm.
--
I do not, have not, and will not work for AT&T/Comcast/Verizon/Charter or similar sized company.

cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7
said by battleop:

That's funny. I don't recall our TOS restricting the use of our customer's connections. We really don't care what you do with your connection as long as you are not breaking the law.

Terrorist! Pirate! Obviously you are not informed as the Six Strikes Policy requires that ALL ISPs be under the TOS-control of the CCI. To go against this would be unpatriotic.
Crookshanks

join:2008-02-04
Binghamton, NY
I have a business class DSL product from Frontier and there's nothing in the AUP that would prohibit me from setting up a hotspot or even from charging money for access to it. The residential AUP has such prohibitions but not the commercial one.

The usual prohibitions against UCE, child porn, etc. still apply of course. Some ISPs will ask you to install a web filter of some sort if this becomes a recurring problem with hotspots -- PenTelData has asked several businesses I know of to do this -- but that's about as far as it will go. I've never heard of an ISP that terminated a commercial account over activity on a hot spot.

battleop

join:2005-09-28
00000

Re: Really?

"The residential AUP has such prohibitions but not the commercial one."

We don't operate a residential network otherwise we would have some language not to prevent an open hotspot but to prevent people from trying to use a residential circuit in a business setting.
--
I do not, have not, and will not work for AT&T/Comcast/Verizon/Charter or similar sized company.

IowaCowboy
Iowa native
Premium
join:2010-10-16
Springfield, MA
kudos:1
Reviews:
·Verizon Broadban..
·Comcast

Internet on the go

For Internet on the go, people should use a mobile broadband card or mobile hotspot. If I owned a business (such as a coffee shop, restaraunt, or hotel), it would be up to the customer to provide their own Internet connection (such as tethering to a smartphone or mobile broadband card). I would gladly provide information to customers on how to tether on most popular smartphones provided their carrier allows smartphone tethering.

I use a mobile hotspot for my laptop on the go. My iPads have the Verizon radio in them as well.

battleop

join:2005-09-28
00000

Re: Internet on the go

Who is going to stay in your hotel if you don't offer hot spot access when every other hotel around you does?
--
I do not, have not, and will not work for AT&T/Comcast/Verizon/Charter or similar sized company.

IowaCowboy
Iowa native
Premium
join:2010-10-16
Springfield, MA
kudos:1

Re: Internet on the go

Last time I stayed in a hotel (trip to Florida in Aug 2011), I used my Verizon mobile hotspot. I did not use the hotel's hotspot.

battleop

join:2005-09-28
00000

Re: Internet on the go

And that tells us what?
Skippy25

join:2000-09-13
Hazelwood, MO

Re: Internet on the go

That tells us all again that IC still thinks that what is good enough for him is good enough for the rest of the world and that is EXACTLY how it should work.

CylonRed
Premium,MVM
join:2000-07-06
Bloom County
And if you travel little and don't have a hotspot. Hell - I don't even have a data plan - we don't have smart phones...

This idea is just as short sighted as the all encompassing - hot spots violate ISPs TOS...
--
Brian

"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain
kevinds
Premium
join:2003-05-01
Calgary, AB
kudos:3

Re: Internet on the go

My ISP gave me a seperate modem and internet connection for sharing how I feel fit.
--
Yes, I am not employed and looking for IT work. Have passport, will travel.
travanx

join:2002-01-15
Altadena, CA
How does that work when you travel out of the country? Or to multiple countries in one trip?

I was always happy to use the hotels hotspots as the alternatives would be such a pain.

anon anon

@charter.com
said by IowaCowboy:

Last time I stayed in a hotel (trip to Florida in Aug 2011), I used my Verizon mobile hotspot. I did not use the hotel's hotspot.

With 2 GB monthly caps and $10 per GB overage that's hardly a solution. Not to mention those on non Share Everything pricing hotspot service is $20 a month extra.
Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
The internet in a hotel does not count against the pitiful caps that most people have on their mobile services.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

juilinsandar
Texas Gooner
Premium
join:2000-07-17
San Benito, TX

What about government agencies? are they exempted?

If so, that's obviously wrong.
Rekrul

join:2007-04-21
Milford, CT

Re: What about government agencies? are they exempted?

said by juilinsandar:

If so, that's obviously wrong.

Of course they're exempt! Laws only apply to the "little people", not those in power.
Mr Matt

join:2008-01-29
Eustis, FL
kudos:1
Reviews:
·Millenicom
·Embarq Now Centu..
·Comcast
·CenturyLink

Businesses providing free Wi-Fi should be exempt.

Businesses paying a premium to an ISP to allow them to provide free Wi-Fi should be exempt from the Six Strikes Plans. Otherwise they should be able to get a residential account for the same price as any other customer to use for their Wi-Fi access..

justaskin5

@sbc.com

Re: Businesses providing free Wi-Fi should be exempt.

said by Mr Matt:

Businesses paying a premium to an ISP to allow them to provide free Wi-Fi should be exempt from the Six Strikes Plans. Otherwise they should be able to get a residential account for the same price as any other customer to use for their Wi-Fi access..

Can you show us where the premium being paid is specifically for use as a hot spot? Or is that just your interpretation of why business accounts pay a premium? If this liability causes businesses to discontinue to provide hot spots, so be it. I think the world survived a few years prior to hot spots being in the mix.
silbaco
Premium
join:2009-08-03
USA

Small Business

I don't think this will continue for long. Small businesses are far too valuable to ISPs. If they start losing some, things will change.

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
Reviews:
·CenturyLink

Re: Small Business

I noticed on My iPod Touch when it was not accessing a known business wifi hotspot, and my setting where to automatically hook up I looked at the settings and noticed it had been disabled when I re-activated it I had to agree to an Apple term of service letting them off the hook for anything that happened with such a connection. I don't remember having to do this before.
--
I am quite sure now that often, very often, in matters concerning religion and politics a man's reasoning powers are not above the monkey's.
- Mark Twain in Eruption

Oh_No
Trogglus normalus

join:2011-05-21
Chicago, IL

Who is paying for this???

Who is paying for an ISP to become the police???
The customers do not want to pay for this.
silbaco
Premium
join:2009-08-03
USA

Re: Who is paying for this???

I would say copyright holders. Although I wouldn't say they are paying them. Even that wouldn't make them so willing to cooperate. My guess is they threatened the rates or programming for their TV packages. Or they agreed to side with them on issues at DC.

Oh_No
Trogglus normalus

join:2011-05-21
Chicago, IL

Re: Who is paying for this???

said by silbaco:

I would say copyright holders. Although I wouldn't say they are paying them. Even that wouldn't make them so willing to cooperate. My guess is they threatened the rates or programming for their TV packages. Or they agreed to side with them on issues at DC.

That is just more of a reason that the government needs to step in and break up ISPs from the content providers.
An ISP should be a dumb pipe and should not have any liability for what its users do with it.

Forcing ISPs to do this is like forcing the power company to track every device that uses their power and to identify anyone using power for illegal things. It just does not make any sense.

AdiosRights

@bhn.net

Re: Who is paying for this???

said by Oh_No:

Forcing ISPs to do this is like forcing the power company to track every device that uses their power and to identify anyone using power for illegal things. It just does not make any sense.

Obviously you didn't know the power company already does this. It's so cute that you think you still have rights left. That boat already left the country.

AdiosRights

@bhn.net
said by silbaco:

Forcing ISPs to do this is like forcing the power company to track every device that uses their power and to identify anyone using power for illegal things. It just does not make any sense.

Obviously you didn't know the power company already does this. It's so cute that you think you still have rights left. That boat already left the country.
Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
The MAFIAA is basically getting them to do this willingly, The ISPs know if they told the MAFIAA to pound sand they would just get it made into a federal law.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
Joe12345678

join:2003-07-22
Des Plaines, IL

what about hotels

what about hotels some hotels even have internet from the ISP that also does the hotels TV so they know that it's being used for businesses use.
silbaco
Premium
join:2009-08-03
USA

Re: what about hotels

Hotels should have custom contracts. I can't see them being affected.

unblockthepl

@110.77.182.x

Boycott and reward

I think we've gotten way off the topic most of us wanted to read about here.

Which ISPs will NOT be participating in the VOLUNTARY six-strikes program? They should be rewarded with our business.

Boycott the big six: Let 'em piss up a rope!