The government liberalized the Wi-Fi, Making Decree changed at the last minute - Il Sole 24 Ore

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Into This entry was posted on July 23, 2013 at 10:22.

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Into Hence the current text of Article 10:
“Providing access to the Internet to the public via WIFI network does not require the personal identification of users. When the supply of access does not constitute the ‘principal business activity of the service provider, do not apply Article 25 of the Electronic Communications Code referred to in Legislative Decree 1 January 2003, 259, as amended, and Article 7 of the Decree-Law of 27 July 2005 , n. 144, converted, with amendments, by Law of 31 July 2005, no. 155, as amended. “

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Wifi: victory for the opportunities

Into analyze it. The requirement to identify had fallen in 2011, with the expiration of certain terms of the Pisanu (and therefore is not new), but needed a rule that first esplicitasse this principle and then did a clean sweep also other obligations for merchants that offered Wi-Fi: both those of the Communications Code (which apply to internet providers) and those who survived in Pisanu against terrorism. Now then a merchant, a store, a hotel, a restaurant, but also a public administration can freely put a hot spot, connect to the network and offer the service. Without having to track users, their connections, provide account and password, or ask permissions. The previous text of Making instead asked to trace the codes used for the connection of the device (computer, phone or tablet) by imposing technical and bureaucratic burdensome for any operator.

reality is advisable to keep track of who uses our Wi-Fi hot spot, although it is not mandatory. It can be used for discriminarsi, against the police investigation, if some user uses our connection to commit crimes. In other European countries it has happened that the operator would be considered co-responsible in this case. In Germany, a judgment of May 2010 declared partially responsible for the owner / user of a Wi-Fi network that did not use adequate systems of protection from the risk of misuse of the connection for illegal purposes. The case involved the exchange of pirated files. Same case study in the UK, where, however, it is the Digital Economy Act to require the identification of users who infringe the copyright. France even asks for 12 months to keep the register of connections and to do everything possible to enable you to trace the identity of the user.

Into In Italy, the law is not as explicit and there is no clear case law in this regard. But already n ow, and for a long time, the main Wi-Fi networks securely identify users, via sim phone, then the problem is marginal.

Into the end prevailed then, however, the line of liberalization on who-in the ministry of the Interior, in particular-wanted to impose some traceability requirements for users to facilitate the investigation.

Into The new text is close to what is suggested by Stefano Quintarelli (Choice Civica), Marco Meloni (PD), but to what is has also worked Roberto Elder (Head of Department of Communications Mise) with the deputy minister Antonio Catricalà. They convinced the rapporteur Francesco Boccia, in the Commission, to amend Article 10 by removing any obligation. The rapporteur has proposed the amendment to the Commission, which approved it. Now it remains to see the final text in black and white and wait until the end of the process of the decree, which has yet to pass the House and then the Senate. But more surprises at this point, are unlikely.

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