WLAN communities and Internet access sharing: a regulatory overview

Abstract

The widespread adoption of wireless LAN has paved the way for the emergence of a compelling alternative to cellular networks for obtaining Internet access on the move. This has generated interesting opportunities to a variety of players to position in the mobile industry as wireless Internet service provider. Mobile network operators have insofar managed to take control of this sector through aggressive preemptive strategies. However, the rapid emergence of private WLAN networks and broadband Internet connections among households has raised the crucial issue of the sharing of Internet access through these networks. While most owners are unaware of this, some have consciously organized themselves to form free wireless communities aiming at providing free Internet access to members or even to the public. One fundamental concern about this conduct is whether these sharing practices are allowed from a regulatory point of view, determine the rights and obligations of the various parties involved and the sanctions that they may incur. The purpose of this paper is to investigate this important issue by considering two examples of regulation (the French and Swiss ones) and examines its implication for the various actors involved.