The grand coalition has agreed on a new WiFi law. Key point: Störerhaftung comes to an end. Operators of public WiFi networks are no longer responsible for how their users surf the Internet. This is particularly important for pubs and shops providing free WiFi to their customers.
In other countries, open WiFi hotspots have been par for the course for years. In Germany, however, Störerhaftung prevents pubs, shop owners and free radio activists from providing free and unencrypted WiFi networks. Because so far, the Telemediengesetz (German Telemedia Act) has made them responsible for user misconduct. The café owner can be prosecuted if someone downloads music illegally via a café’s WiFi.
New WiFi law perhaps as early as the autumn
Internet activists have constantly criticized this legal position, but a reform of the Telemediengesetz has been delayed. The German CDU and CSU parties in particular have been insisting that WiFi networks should not be made easily accessible. At least one splash page with terms of use should be required when logging in, password protection would be better still.
These restrictions will soon be off the agenda. If you open a WiFi network as a private or commercial provider (such as a café owner) for general use, you should enjoy the “provider privilege” according to the draft law.
In simple terms this means: Don’t shoot the messenger, i.e. the WiFi network operator is not responsible for the behaviour of the user. The new law could already be in force by autumn 2016 provided the legislative procedure runs smoothly.
Photo credits: Fotolia-82583454-Andrey-Popov
