Liability for interference: Is it different in Germany than in other countries?

As a result of the discussion about a new draft law, everyone is talking about the issue of liability for interference. But why does this problem even exist in Germany and what is the situation in other countries? Why does Germany seem to be one of the few countries that makes it so difficult for shops and retailers to offer public WiFi?

Germany is far behind other industrialized countries in terms of WiFi coverage

Although there are around 1 million free hotspots in Germany, only 15,000 of them are truly free and publicly accessible. On the other hand, there are around 3 WLAN-enabled devices for every inhabitant in Germany, which is well above the Europe-wide average of 1.2 devices per capita. “We are thus leaving great potential for mobile communication unused,” said eco Board Member for Infrastructure and Networks, Klaus Landefeld, “That is as absurd as if 99 percent of telephone booths had been closed thirty years ago and thus made unusable by the general public. “Owners of WLAN access are liable for violations of rights that occur via this access. First and foremost, there is the presumption that the subscriber himself is the perpetrator. In order to be released from liability, he must prove that there is a possibility that someone else could be the perpetrator. The argument that mobile networks are well used in Germany and that you can therefore simply surf the Internet cannot be taken seriously: Although more and more data volumes are being offered by mobile telephone providers, the demand is also becoming significantly higher. The majority of mobile phone users in Germany are currently using up their data quota by the middle of the month. Free Internet access can have a positive effect on the business climate and the community. This current legal situation has resulted from the desire of industry to punish illegal activities on the World Wide Web. The liability for faults makes it possible to always find someone responsible who pays for the possible damage.” These letters involve fairly high bills for lawyers' fees, and that is the real problem,” says Ulf Bürmeyer, IT expert and judge in aInterview with DWin Berlin. “The burden is therefore not caused by claims for damages, but by the attorneys' fees associated with the injunctive letters to WLAN operators.” In the European Union, the “Electronic Commerce Directive” came into force at the beginning of this millennium. It is required that all EU countries must ensure in their laws that Internet service providers cannot assume responsibility for their commercial customers on the Internet. Whether this is the case under the current legal situation must be debated.