Editor’s note: This column was written by Christine Taylor, a Principal Partner at The Towne Law Firm, P.C. in the firm’s Albany, New York, office, who focuses her practice in the areas of Hospitality Law, Business Law, Labor and Employment Law, Real Estate Law, Trusts and Estate Law and Litigation. Park owners can email info@townelaw.com for a chance to have their questions answered in future columns.
Can I get in trouble for how my guests use the Wi-Fi I am providing?
Generally, the campground would not be liable for the activities of their guests. The Digital Millennium Copyright Act (DCMA) states that internet service providers (the Spectrum, Charter, etc.) and Wi-Fi hosts (the Campground) are not liable for copyright infringement committed by uses if they act as “mere conduits” for user traffic. That does not mean that your ISP will not send you a notice about the internet being used illegally, nor does it mean you are insulated from them denying you service if you have a bunch of infringements.
Further to get the safe harbor of the DMCA you would have to meet the following criteria: (1) the Wi-Fi host must not initiate the transmission (upload or download) of information over their network; (2) The host must not mediate this transmission in any way, I.E. by specifying a recipient for the transmission, specifying the material to be transmitted, or modifying the content transmitted; (3) The host must not store copies of the content transmitted for longer than necessary to complete the transmission; (4) The host must adopt and reasonably implement a “take-down” plan for responding to notices of infringement and for banning repeat infringers; and (5) The host must not interfere with standard technical measures used for copyright protection, such as watermarks on images, password protection, or other digital rights management devices.
In other words, do not get involved unless you become aware of a guest’s repeated nefarious activities.
There might be what we call a General Negligence issue in which you owe a duty of reasonable care under all circumstances, so the campground has to make sure they are doing everything to protect their guests (and themselves), but it is an area of law that is still kind of developing.
So, what should a campground owner do? Do their best to block bad sites as they are made aware of them, whether by their ISP or others and do their best to block “repeat offenders.” Lastly, have a “splash screen” when connecting to the internet where the user agrees that the provider is not liable for their activities or damages that may result from those activities.
The combination of all of these things, meeting the DCMA, and keeping an eye on things, is what would best protect the campground!
