Whole bunch of questions.
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Well said, may just have to block what I can, have a good EULA drawn up, and let our insurance deal with it, if a suit does ever come.
Not to derail the technical conversation any further, but you have an absolutely defensible position. You are technically an ISP, and you are not liable for the conduct of your customers. You could put a $1 Internet Fee into every rental agreement, and that would further the position that you are an ISP by actually charging for Internet usage.
DMCA has a provision in it that protects (limited, not absolute) ISPs from the illegal behavior of their customers.
Your position should be: You provide Internet access to all renters as part of their rental agreement. You do not manage, log, or otherwise influence their access to or ability to connect to the Internet. And as an ISP, you are not liable for their activities.
I would also make this clear to your upstream ISP, and they should keep on file a letter from your business stating the above position. Clear it with a lawyer first. It won't stop the notices, but it will significantly limit your liability.
I would also put a notice in the rental agreement, something that you can circle and show the renters, a clause that states you can immediately revoke their Internet access if they are torrenting or using software for illegal activities. That might make them think twice, and it's fair warning.
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tim.mcmanus brings up some good points but you should really talk to a lawyer on this subject. Technical issues are much easier than political issues.
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Has an ISP or even an individual ever been successfully sued for.downloading (not distributing) copyrighted media?
If so is certainly the exception not the rule.
Realistically he has to worry about getting his internet throttled or cut off which would affect his business.
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Has an ISP or even an individual ever been successfully sued for.downloading (not distributing) copyrighted media?
If so is certainly the exception not the rule.
Realistically he has to worry about getting his internet throttled or cut off which would affect his business.
I dont think so, the laws are just very convoluted on the matter, and confusing lol.
So Big ISPs do not give out info, unless there is a court order, for them to do so. So Like was said I think the notice is the worst that ever happens.
There is a clause for "Hotel Wifi" and that states, that as long as the guests use a completely different Public IP (took care of that today they gave me a bridged modem and a /29, so I am directly routed.)
I also cannot monitor or have the ability to monitor setup, what sites they visit, or keep logs on it. Easy lol.
So in those regards I am clear, now, I was not before (we used the same Public IP).
The true ISP way to do it, would be to get a /26 and give each user an IP, that is tied directly to them, and while that would work for long term guests, that ability is slightly hampered by short termers needing a bridge to my network.
I also, have been configuring the guest lan with some pretty strict firewall rules, to help somewhat I hope. I am slowly opening on anticipated need, and locking them down hard.