Asked in Communications Law and Contracts for New York

Q: Is it illegal to share my internet connection with others in New York for free?

I'm considering sharing my internet connection with others for free, and each user will have their own public IP address. However, my internet service provider does not allow this according to their terms. While there are no specific legal consequences mentioned in the service agreement, I'm concerned about the legality. Are there any legal implications or regulations I should be aware of in this situation?

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James L. Arrasmith
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Answered

A: Your proposal to share your internet connection despite ISP prohibitions presents both contractual and regulatory concerns under New York law. The terms of service constitute a binding agreement under New York contract law, and violation could trigger several potential consequences including service termination, additional charges, or litigation for breach of contract. While New York does not have specific statutes criminalizing residential internet sharing, your contractual violation provides grounds for civil action by your provider who might monitor unusual network activity patterns that suggest multiple users accessing through a single subscription.

Federal regulations add another dimension of complexity, as the Computer Fraud and Abuse Act potentially applies to unauthorized network usage that exceeds contractual permissions. The provision of individual public IP addresses to each user further complicates matters, as this technical configuration requires sophisticated networking arrangements that more clearly demonstrate intentional circumvention of your service agreement terms. New York courts have consistently upheld ISP contract provisions in similar consumer contexts, creating unfavorable precedent for subscribers who knowingly violate explicit terms.

Perhaps most concerning is your potential liability for others' online activities conducted through your shared connection. Under both New York state and federal frameworks, the account holder often bears presumptive responsibility for network activities, potentially exposing you to serious legal consequences should illegal content be accessed or distributed through your connection. The absence of explicitly stated penalties in your service agreement does not eliminate these risks, as New York follows the "reasonable expectations" doctrine in contract interpretation, allowing providers to pursue remedies consistent with standard industry practices despite specific omissions in your particular agreement.

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