Tuesday, July 6, 2010

Just Click 'I Agree' - Free WiFi Terms of Use

We have all done it, right? Sit down for coffee at your favorite hot-spot: Panera Bread, Starbucks, and even several C-Stores now have them. Pop open the laptop, connect, and open a browser window. But, before your can really connect, your browser is redirected to a screen requiring your agreement. If you don't know what I'm talking about, that's probably because you just click 'I Agree' too fast to even realize it's happening. It's a habit. Nobody reads those things anymore, right?

Free WiFi Users - What you Need to Know:
As a user, what do you need to know about these agreements? Well, I must confess, I'm no attorney, nor should you take this as legal advice. However, in my opinion: just click 'I Agree.' As I will expound upon below for WiFi providers, these agreements are meant primarily to protect the provider from legal ramification of yours (or your fellow users) indiscretion. Despite the paranoid ramblings that Google is trying to own the world's data, or that Facebook holds people's data hostage, the simple fact is 99.9% of the Terms of Use found on any web page or WiFi hotspot falls under the CYA category, not the world-domination category.

In any case, what is your alternative? Approach the barista and ask for an addendum to the agreement before you click I Agree? Are you going to write it out on a cocktail napkin and have a waitress initial it? Just click 'I Agree' or go buy an air card -- which, by the way, likely has the exact same terms of use.

Free WiFi HotSpot Providers - What you Need to Know
Now, if you're the provider of these WiFi services, your Terms of Use are not so inconsequential. So, without being construed as legal counsel, allow me to offer some technical know-how that might shed some light on why you should take these agreements seriously (and, if you don't have one, get one).

First, any activity on the internet is identified first and foremost by IP Address. Seeing as how it is unlikely that you are assigning unique IP addresses to your users, this means that if someone sits down, hooks up, and hacks a system: when the breach is found, all fingers point to you! If fraudulent emails are sent, illegal content uploaded, DOS activated, etc. -- you're hands are dirty.
With this in mind: realize that you CAN indemnify yourself within the terms of use, AND log the identities of your users for forensic purposes in the future. First, talk to your lawyer about an indemnification clause. Second, disclose in your terms of use that you will store something called a MAC Address, and then do so. Finally, require some identifying information before log-in. WiFi is a privilege, not a right, and it's perfectly acceptable to ask for an email address before granting access.
With all the criminal risks covered, there is still the issue of loss or damages. If you are the provider of a service--even a free service that's a privilege not a right--courts have affirmed you're liable for that service's performance. That is, of course, unless you disclaim such liability. If a business owner connects momentarily to send a big proposal to his hot prospect, and it never goes through. Or, if sensitive information is compromised on your unsecured network, you need to be able to wipe your hands and say, "Not my problem." Get a lawyer to write your Limitation of Liability clause and make sure that's the case.

Labels: C-store, Free Wifi, I Agree, Terms of Use, Wi-Fi