Wi-Fi 802.11g devices offer a potential 54mbps wireless
network connection to anyone within 100 metres of an access point
via a network card costing less than £100. But what legal
obligations do you face if you allow others to use your spare
network capacity, perhaps as an an extra customer service or a way
of boosting revenue?
First, there is a duty to preserve the confidentiality of your
customers and clients when data is travelling across, or made
accessible via, someone else's network.
Second, regulatory bodies will take a dim view if client
information is accidentally disclosed, especially if it is
commercially-sensitive.
Third, much of the information on a business laptop or PDA will
refer to individuals, and thus be classed as personal data, so you
need to comply with data protection laws.
If a Wi-Fi operator offers you "reasonable" care when visitors pay
for access, there is no way of knowing what this means until the
first operator gets sued for "unreasonable" carelessness.
The ideal scenario for the operator and network provider would be
to negotiate a contract so both parties are clear about their
responsibilities and obligations towards each other.
There are also contractual matters to consider with regard to your
existing internet or telcoms service provider, such as ensuring
external users do not indulge in spamming or promulgating illicit
content. You will be obliged to ensure that traffic from external
users is securely partitioned from data belonging to your own
clients and colleagues.
The service you provide to network visitors must be made clear.
Consider the potential liability of losing their data or failing to
provide a "proper" service.
Wi-Fi has the potential to replace cabling in corporate networks
but providing open access to spare capacity is still an unknown.
The cost of dealing with the legal risks could make it commercially
unviable, and it is unlikely that anyone will offer free or cheap
access any time soon.
Chris Reed is a consultant to law City law
firm Tite & Lewis