Wireless Sharing an Illegal Act?
Tom Vanderbilt's article [via NYT] about NYC Wireless, whose goal is the creation of free wireless (Wi-Fi) access in public spaces, raises a rather interesting legal issue regarding sharing bandwidth. Kevin Milani, posted a listing on NYC Wireless inviting people to sit on the stoop of his apartment building and share the leftover bandwidth streaming through his D.S.L. account provided by Panix; despite risks, such as bandwidth attacks, that can be perpretrated via his "open electronic front door."
Ths issue, however, has to do with his redistribution of the bandwidth, which is strictly prohibited in Panix's agreements with residential users. A Time Warner Cable representative analogizes it to splitting cable wires. The problem, however, becomes one of enforcement... unlike cable wires, where companies can come and check the physical situs for illegal splits, wireless redistribution provides no such physical evidence. It will be interesting to see if this article spurs companies such as Time Warner to monitor the NYC Wireless web site and begin disconnecting customers, sharing bandwidth, and whether they accomplish this contractually (in the case of Panix) or otherwise.
Ths issue, however, has to do with his redistribution of the bandwidth, which is strictly prohibited in Panix's agreements with residential users. A Time Warner Cable representative analogizes it to splitting cable wires. The problem, however, becomes one of enforcement... unlike cable wires, where companies can come and check the physical situs for illegal splits, wireless redistribution provides no such physical evidence. It will be interesting to see if this article spurs companies such as Time Warner to monitor the NYC Wireless web site and begin disconnecting customers, sharing bandwidth, and whether they accomplish this contractually (in the case of Panix) or otherwise.
