The Communications Alliance has released a guide for public Wi-Fi network operators which warns that operators could be subject to litigation by copyright holders if there is evidence network users have illegally downloaded material. The guide also highlights operators’ responsibilities to keep users secure.
The guide, entitled Public Wi-Fi Networks Industry Information Paper, includes sections covering downloading of copyright material.
“Digital rights owners have been looking to change the behaviour of end users who infringe copyright via online activities including peer-to-peer file sharing,” read the guide documents.
“Not withstanding the recent judgment by the High Court of Australia in the case, Roadshow Films Pty Ltd and Others versus iiNet Ltd, pressure on users of fixed networks in this regard might continue and could be extended to mobile and/or Wi-Fi networks in future.”
According to the guide, if a public Wi-Fi user is identified as accessing prohibited content via a Wi-Fi network then the party with the legal responsibility for identifying the user has not been tested.
“Similarly, the nature of the interaction between Wi-Fi network operators and service providers with law enforcement agencies [LEAs] has not been tested. This is in contrast to standing arrangements that exist between LEAs and both licensed carriers and content service providers [CSPs],” read the documents.
According to the paper, legal responsibility has not been tested because while law enforcement interception can be done on a public Wi-Fi network, the associated processes are not standardised in the way they are for tracing phone numbers in a licensed carrier network.
In addition, the Alliance sets out the challenges of enforcement on a public Wi-Fi network which include:
Dynamic address allocation, such as a different internet protocol (IP) address allocated per session, which can make tracking usage by IP address difficult.
The absence of user data on a public Wi-Fi network as, according to the report, there is usually no user data retained on public Wi-Fi networks, unlike in licensed carrier networks.
Permitting anonymous, temporary use, which can be difficult to trace after the event.
“There are examples of Wi-Fi network operators assisting LEAs resulting in the relevant LEA matching different information sources to identify a suspect e.g. the use of an IP address combined with closed circuit television [CCTV] footage at a related site,” read the documents.
Turning to security, the Alliance recommends that operators use Wi-Fi Protected Access II (WPA2) protocol, which is used for encryption to secure wireless links.
“WPA2 is the de facto standard for securing Wi-Fi networks, however in order to allow easy connection, most public Wi-Fi networks operate unsecured, instead relying on the end user or an application to secure any sensitive data such as through the use of a virtual private network [VPN] or SSL connection,” read report documents.
The report recommends operators use methods to limit network access abuse such as limiting session duration and monitoring media access control (MAC) address logging.
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