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Government Privacy Wireless Networking Your Rights Online

Dutch Hotels Must Register As ISPs 152

hankwang writes "The Dutch telecommunications authority OPTA has announced that Dutch hotels must register as internet providers (original version, in Dutch) because that is what they formally are, according to Dutch laws. It is well possible that once hotels are officially internet providers, they will also have to abide by the European regulations on data retention and make efforts to link email headers and other data traffic to individual hotel guests. Could this also happen in other European countries? This is probably not likely to lead to a more widespread adoption of free WiFi services in hotels."
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Dutch Hotels Must Register As ISPs

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  • Not fully correct (Score:5, Informative)

    by santax ( 1541065 ) on Tuesday October 12, 2010 @10:02PM (#33879100)
    The OPTA has said that they are not sure yet if the hotels are ISP's. They are still investigating this and I think that is the reason they have send some letters out. In order to get a trial so it will become clear what an ISP is. In the Netherlands everyone who offers public access to internet or other telecomservices has to deal with the OPTA. It's also the organisation that puts fines on spamming etc. Our telecom watchhound in short.
    • Re: (Score:3, Insightful)

      I'm sure the hotels could fight the ruling. They have many things going for them such as....they're a hotel damnit. How fucking stupid is this? I assume no other ISP in the country provides living quarters and a complimentary breakfast bar. Not to mention the internet service does not originate with them. They are simply a bulk account of the TRUE ISP. I thought they only dreamed up stupid shit like that in the USA.
      • Re: (Score:3, Insightful)

        by Fluffeh ( 1273756 )

        The OPTA has said that they are not sure yet if the hotels are ISP's.

        I'm sure the hotels could fight the ruling.

        What about all the other places that provide some form of WIFI? Cafe's? Libraries? Surely a cafe owner doesn't have to go through the same messing about that an ISP would? How would they afford all the tech know-how to be able to keep logs and bits of everyone who wanders into their business and asks for a latte while holding a laptop?

        • by TheLink ( 130905 )

          How would they afford all the tech know-how to be able to keep logs and bits of everyone who wanders into their business and asks for a latte while holding a laptop?

          By making users pay for it? e.g. no more free WiFi?

          Unless of course there's a clause which says that if hotels provide free internet access then they are not ISPs - since they are not charging for internet access.

          In which case it's not so bad news for the users, but not so good for those providing systems to hotels for "expensive internet" (like a previous employer of mine).

          • The hotels can say it's not free but part of the room rate / hotel resort fee.

            • hankwang and timothy! Article title is misleading.

              "Dutch Hotels Must Register As ISPs" is wrong (they do not) and should read "Dutch OPTA sues Hotels for being an ISP".
              It is the OPTA that is test-trialing 10 large hotels to find out (by ruling) whether they are (or not are) ISP's.

              "OPTA checks whether market parties comply with the law in order to protect consumers." - http://www.opta.nl/en/about-opta/ [www.opta.nl]

              In what way exactly this move protects consumers i am not sure, but i reckon the OPTA wants to break down so

          • by rtb61 ( 674572 )

            Stick to the persnicketiness of the law. Hotels simply need to say they are not providing internet services their ISP is providing internet services via remote hardware. So it simply means ISPs need to slightly alter their provision of services to hotels. Perhaps a remote monitored and controlled router at Hotels.

            Of course everyone knows what it is all about, monitoring the populaces use of internet services, can't have naughty executives, holiday makers and foreigners looking at stuff they shouldn't be

            • by Z00L00K ( 682162 )

              And now when there are protocols like SMTPS and also TLS on SMTP as well as IMAPS and POP3S the loggings will only provide information that a certain IP was connected to a specific mail server and no indication at all of what the mail headers were.

              Those of us working in tech also knows that the precision of the logs may not be the best. Clocks between servers may drift unless NTP is used (and not everyone configures that), logging info for DHCP may be incomplete, and many network cards offers the ability to

        • Re: (Score:3, Insightful)

          What about all the other places that provide some form of WIFI? Cafe's? Libraries? Surely a cafe owner doesn't have to go through the same messing about that an ISP would?

          Maybe that is exactly what they are after. Proper ISPs are already required to retain a bunch of info and data about their clients so that internet wiretaps can be traced back to individual subscribers. But what use is that if any criminal can grab a netbook and wander into a hotel or bar to go online anonymously? My guess is that if

      • by santax ( 1541065 )
        Sure they can... and I think that is what the OPTA wants. Normally this organization is very in favor of consumers etc. Nothing bad to say about them really. So that's why I think the OPTA noticed a flaw in the law and wants to hear a court ruling about it. Not to 'punish' the hotels. I really believe they just want to know for sure what an ISP is for the Dutch law. Looking forward to see this evolve though. Could go either way.
      • by mcvos ( 645701 )

        Not to mention the internet service does not originate with them. They are simply a bulk account of the TRUE ISP.

        That's exactly what I thought. Hotels don't have their own peering connection, do they? They're simply a customer of an ISP, and that ISP needs to do all the required data retention crap already.

        Speaking of data retention, do they really log my email? Time to figure out how to encrypt my IMAP communication. (Maybe it's encrypted already, but I'd like to be sure.)

        • > Speaking of data retention, do they really log my email?

          They also read it/search it, forward it to human analysts based on triggers, save it...perhaps for eternity etc.. Granted, it's not the ISP's doing that but other three-letter organizations.

          > Time to figure out how to encrypt my IMAP communication.

          It's not a bad thing to do so, but your ISP (where your mail is) still gets to log everything as before. You'd need an external provider for SSL to make some difference.

          > (Maybe it's encrypted alre

          • > > Speaking of data retention, do they really log my email?

            > They also read it/search it, forward it to human analysts based on triggers, save it...perhaps for eternity etc..
            > Granted, it's not the ISP's doing that but other three-letter organizations.

            To answer your question a bit more:

            AFAIK, (E-Mail) Providers are forced to save the sender, his login ID and log-on/log-off times, recipients - including CC's and BCC's (both directions), subject line, dates/times of sent and received mail etc.. B

            • by mcvos ( 645701 )

              If you want to protect yourself, you need, as mentioned, a separate e-mail provider, preferably in a country without such crap. Then your ISP can't log anything because all they see is SSL traffic.

              What about running your own mail server? I always wanted to do that anyway.

              The only problem then is of course that SMTP traffic is unencrypted. Or is it? It would make sense if that also had an encrypted as well as an unencrypted version. But even then I can't force people who mail me to use the encrypted version.

              • > What about running your own mail server? I always wanted to do that anyway.

                By all means...go for it. It gives you full control. Of course, you also need to set it up and maintain it to some extent (unless you have somebody do it for you) and, if you lease a server somewhere, pay accordingly. It's not that much though. Ditto for DNS.

                > The only problem then is of course that SMTP traffic is unencrypted. Or is it?

                The definite answer is: it depends :-)
                You can set the MTA up to negotiate the connection s

                • by mcvos ( 645701 )

                  It still surprises me that GPG/PGP is still not a standard feature of all mail readers. It seems so obvious.

                  • > It still surprises me that GPG/PGP is still not a standard feature of all mail readers. It seems so obvious.

                    Tell me about it :-)
                    Don't let that hinder you though. For pretty much every MUA some Form of GPG-support is available. Like Thunderbird - Enigmail, Outlook - GPG4Win etc.. Cool MUA's, like Evolution, Kmail etc. have it built-in.
                    Worst case scenario is to use GPG via the Clipboard. So you write your e-mail in some editor of your choice, then highlight everything/copy to clipboard and then do the GP

      • by Lennie ( 16154 )

        "Not to mention the internet service does not originate with them."

        So define the internet and where does it originate, then ?

        • Al Gore: The One True ISP.

        • So define the internet and where does it originate, then ?

          In this case it is irrelevantwhere it originates. All we need to know is that someone else is providing the signal (idk RF what ever)to the hotel. Any sane court or politician can see that they are paying another comppany to provide them with a service that they make available to their customers. You have to prove that the hotel generates the signal without the help of another entity.

        • by AK Marc ( 707885 )
          The Tier 1 providers. Everyone else is a last-mile reseller of Tier 1 services.
          • by Lennie ( 16154 )

            That is not where it originates.

            It originates at the edge. That is whole point.

            Webservers, mailservers, are all at the edge. The users are too. The users/designers, etc. are the creators.

            The Tier 1 providers (which are less and less relevant) just relay packets.

            That is why I said, define it and tell me where it originates. Because it does not originate from just one point.

            It is all over the place.

            • by AK Marc ( 707885 )
              The Internet originates with the Tier 1 providers. The value originates with the edge. You are confusing the two.

              That is why I said, define it and tell me where it originates.

              Oh I know. You were being a jackass asking a question with the intention of attacking any answer that didn't agree with your opinion because you think your opinion is more valid than any others. I just played the game because your opinion happens to be wrong in this case. If every non-Tier 1 were closed, the Internet would st
              • by Lennie ( 16154 )

                Well, it depends how you look at it.

                In (western) europe everything is so well inter-connected, I think if you shutdown the tier-1 networks in Europe, most ISP's would not have connections problems with anything else in Europe.

                Only the customers who are directly and only connected to the tier-1 providers.

                Atleast in theory. Only if they can handle the extra traffic ofcourse.

                In the US the situation is not that good though.

      • by AmiMoJo ( 196126 )

        Most hotels have phones they let guests use, so perhaps they are telcos too.

    • by mcrbids ( 148650 ) on Tuesday October 12, 2010 @10:24PM (#33879210) Journal

      This is probably not likely to lead to a more widespread adoption of free WiFi services in hotels.

      Now, since when is it in the core competence of a hotel to provide IT services?

      Never.

      Sure, have it available, provide it as a service to guests, but the hotels themselves don't offer the service, they outsource. Just like they do with the water, telephones, power, and everything else. If you actually LOOK at the default home page that your average hotel provides, you'll find a logo in the corner someplace indicating who the real service provider is. Hint: it's never the hotel unless it's some ratty shathole where the owner tries to save a few bucks by buying a couple of routers at the local Best Buy and sneaking a consumer DSL line.

      In any real sense, this will have almost no effect on hotels with 3 or more stars. It might have some impact on the cheap independents.

      • Re: (Score:3, Insightful)

        by dgatwood ( 11270 )

        On the other hand, in my experience, the hotels with the DSL line and a Netgear base station tend to have more reliable service (albeit slower) than those unholy captive-portal-based services.

        • Precisely what I was thinking. After some of the portals I've used (including a real fun one in Panama) I positively long for an AP and a modem in the corner.

        • I stayed at a hotel that provided Wifi in an ingenious manner: They put an access point with a directional antenna on a pole about 100 feet from the building, pointing at all the guest room windows. Another similar pole was on the other side.

          The result? All the guest rooms were covered by two access points. This was the most reliable hotel WiFi I've ever used, as pretty much every room had line of sight to the access point, and the "portal page" was just an "I agree to the terms and conditions" and went thr

      • some hotels use cable likey the same one that tv comes from.

      • by icebike ( 68054 )

        You are spot on, of course.
        Its not even a fringe competency, any more than stocking the mini-bar makes them competent bar tenders.

        The problem here is that hotels, especially those with wifi have no method of determining which room is actually talking on a wifi router at any given time, without issuing individual passwords for each user, perhaps each device. Big chains may have that, but most small ones hang a router on each floor and call it good.

        The article speaks to "pen register" data, not necessarily c

        • by MichaelSmith ( 789609 ) on Tuesday October 12, 2010 @11:50PM (#33879518) Homepage Journal

          Why do we keep electing these fools?

          Because people who are not fools have better things to do with their time.

        • by znerk ( 1162519 )

          The problem here is that hotels, especially those with wifi have no method of determining which room is actually talking on a wifi router at any given time, without issuing individual passwords for each user, perhaps each device. Big chains may have that, but most small ones hang a router on each floor and call it good.

          Actually, some hotels do issue passwords, in the form of having to enter your username (room number) and password (last name of guest in that room) before allowing access.

      • Re: (Score:3, Insightful)

        Comment removed based on user account deletion
      • by Hatta ( 162192 )

        LOOK at the default home page that your average hotel provides, you'll find a logo in the corner someplace indicating who the real service provider is. Hint: it's never the hotel unless it's some ratty shathole

        So what you're saying is that it's always the hotel?

    • by Dunbal ( 464142 ) *

      In the Netherlands everyone who offers public access

            But hotel wi-fi is for HOTEL GUESTS, not the "public".

      • Re: (Score:3, Interesting)

        by santax ( 1541065 )
        That is the argument the hotels are using now indeed. Don't have to convince me ;) Just being the messenger here :D
    • by cgenman ( 325138 )

      In Italian hotels, even free users are given a unique login / password combination, such that all data they generate can be tracked back to them.

      The Dutch doesn't seem like such a huge step.

      • I think that you've summed it up. The purpose for any of this comes down to the government wanting more. In this case, I think it's the government wanting more control of personal data. Of course, it could just be for more money in the way of an ISP fee. IMHO, the government should stay out of such things entirely.

    • Re:Not fully correct (Score:5, Informative)

      by YeeHaW_Jelte ( 451855 ) on Wednesday October 13, 2010 @01:29AM (#33879854) Homepage

      Parent is correct, article summary is very imprecise ... slow news day?

      Someone, not mentioned explicitely in the article, complained to the OPTA, saying that hotels should be considered ISPs. OPTA considered the wording of the laws they are enforcing and said ' yeah, they might be right ' and has now summoned a few hotels to register as ISP's, to see where this leads.

      Obviously, the law is poorly worded and this is a side effect nobody foresaw or intended. This will be probably be fixed, if even necessary.

      Please stop with all the efforts to make every little hickup in the law system armaggedon for freedom, please. It's cheap and sensationalist.

  • Now, after so many years, I can finally register as an ISP just because I provide a free access point. I already have a data retention scheme in place, only for statistical purposes of course.

  • Free country? (Score:2, Insightful)

    by fishbowl ( 7759 )

    I remember things like this whenever someone criticizes the US and suggests that I move to a free country. Netherlands has often been on that supposed list of "free countries."

    • Hmm, the Netherlands, UK, Denmark, North Korea, Swaziland, Lesotho and a few other coconut states are dictorships with medieval style kings/queens. There may be elections once in a while, but that is just for show...
      • by santax ( 1541065 )
        You have no clue.... seriously. That is complete and utter bullshit what you are saying there. How do I know? I live in the Netherlands. Dictatorship... lol :')
        • Hmm, the Netherlands, UK, Denmark, North Korea, Swaziland, Lesotho and a few other coconut states are dictorships with medieval style kings/queens. There may be elections once in a while, but that is just for show...

          You have no clue.... seriously. That is complete and utter bullshit what you are saying there. How do I know? I live in the Netherlands. Dictatorship... lol :')

          I believe that the parent made a joke.

          Joke:
          # a humorous anecdote or remark intended to provoke laughter; "he told a very funny joke"; "he knows a million gags"; "thanks for the laugh"; "he laughed unpleasantly at his own jest"; "even a schoolboy's jape is supposed to have some ascertainable point"
          # jest: activity characterized by good humor
          # tell a joke; speak humorously; "He often jokes even when he appears serious"
          # antic: a ludicrous or grotesque act done for fun and amusement
          # act in a funny or teasing

        • by toQDuj ( 806112 )

          True, you don't even have a functioning government, let alone a dictatorship

    • Re: (Score:2, Interesting)

      by rolfwind ( 528248 )

      Anytime you deal with people, any societal superstructure such as a country, will have downsides and upsides. Europe has never respected freedom of speech to the level the US does, otoh, they are better in healthcare and the like, imo.

      As with anything, it depends what you want in life. Some days, I'd like to move to Antarctica.

    • Anyone joining the EU is signing off their freedom... Here in Finland, we're not even allowed to have parks with certain wooden-fabrics due to EU regulations, so 5 parks in my home-town have been demolished! EU is nothing but a dictator.
    • Re: (Score:1, Troll)

      by noidentity ( 188756 )
      I always thought these things were to ensure that companies get the same freedom (that is, they are restricted the same amount by government). If ISPs get lots of regulations, then it's only fair that hotels offering WiFi be burdened the same way. It's like when the school bully is only picking on some of the kids, and they argue that he should pick on everyone equally to be fairer.
    • Well, feel free to stay at home then.

    • Re:Free country? (Score:4, Interesting)

      by Carewolf ( 581105 ) on Wednesday October 13, 2010 @05:36AM (#33880764) Homepage

      I am not sure if they do the same in other EU countries, but in Denmark we just ignore the data retention regulation. It is common for apartments blocks to have their own intranet with shared internet essentially making them ISPs. When the regulation came out a few years ago there was a large panic on how to possibly abide by it. Fortunately all the large ISPs prepared the systems to do it, but never implemented them, the official stanze is: We are not going to implement these systems until forced to, and with no one else following the regulations, no one wants to be the first.

      • by guruevi ( 827432 )

        Because such regulation is costly. Whenever somebody (usually the local RIAA offices) asks them to provide the logs or comply with the law they say: sure we can, but we'll be out of business in 6 months unless you provide in the equipment. The RIAA doesn't want to provide in the equipment, they're already making a loss on their existing practices. The government doesn't want to provide in the equipment because that would either mean unpopular budget cuts elsewhere (like cutting their version of Medicare or

      • I am not sure if they do the same in other EU countries, but in Denmark we just ignore the data retention regulation.

        The data retention regulation wasn't encoded into law here in the UK either (the world-leader in defending [bbc.co.uk] personal [slashdot.org] privacy [bbc.co.uk]). Instead, it is my understanding that the major ISPs have a "gentleman's agreement" with the Home Office (similar to the one for our Internet censorship scheme [wikimedia.org]) whereby the Government agrees not to order them to retain data if they agree to retain it. As far as I know, most of the smaller service providers completely ignore it.

  • I wonder if this will lead to more broader implications once the Mafiaa can't DMCA ISPs into compliance.
  • WHAT? (Score:3, Interesting)

    by tsa ( 15680 ) on Tuesday October 12, 2010 @10:28PM (#33879224) Homepage

    I read this yesterday on nu.nl and I think it's completely ridiculous. The hotels (and my hospital I found out yesterday, and McDonalds and many many other places) can offer WiFi because they have a deal with a provider. Isn't that enough? I thought the Opta was there for the consumer but now I am not so sure anymore.

    • Re: (Score:3, Interesting)

      by c0lo ( 1497653 )

      I read this yesterday on nu.nl and I think it's completely ridiculous.

      Me too.

      The hotels (and my hospital I found out yesterday, and McDonalds and many many other places) can offer WiFi because they have a deal with a provider. Isn't that enough?

      (tongue-in-cheeck.. or only half-of? Not quite sure yetmyself, but I reckon that's the position of govs in the near future)
      No, it is definitely NOT enough: if you provide transport-service you are an ISP (you do provide some Internet service; nobody says somebody is an ISP if and only if only if it provides email or Web hosting on top of transport services).
      This means every person (organisation or not) that can act as a point-of-control-and-prevention will be, sonner or later, forced to assume all t

      • by tsa ( 15680 )

        It depends on the contract you have with the provider. If I were a hotel or restaurant and I would want to offer WiFi services I would outsource all of it to a provider. I pay a monthly fee and let them install the hardware and make sure everything works, so that I can concentrate on my core business. Then if something happens to the WiFi it's the provider's problem, not mine. If Opta doesn't agree with that we take it to court.

        • by c0lo ( 1497653 )

          It depends on the contract you have with the provider.

          If the ISP accepts the outsourcing and the full responsibility for what transits it's network(thus running a "point of presence" in the hotel), I imagine that what you suggest could work... but for sure the ISP's fees won't be small... it's like they'll expect the hotel to pay for N customers, N being the number of rooms even when the rooms are vacant (imagine a block of flats, each appartment having Internet. It doesn't matter for an ISP if the family in one apartment goes in vacation and the respective co

  • In other news.. (Score:2, Insightful)

    by Anonymous Coward
    Hotels were also found to be cable TV providers, telephone service providers, cell phone service providers, water and electric utility providers, furnishing distributors, and food and beverage distributors and must meet all the requirements and responsibilities of each of those industries.
    • Very true news. But someone cannot track me back for the exact water I extracted out of a faucet at 11:00pm to swallow an Advil. Rather they knew water was consumed, perhaps, but not for what purpose. The internet is different because this is a two way flow of information. AC you have a valid point in saying why the legislation likely had ground due to those other industries.

      cheers

  • Of course this makes sense. Didn't you realize that this is the same logic used to justify the long standing practice of classifying hotels as power, water, and sewage utilities, as well as TV broadcasters, farmers, ranchers, etc. What is the difference?
  • by Kaz Kylheku ( 1484 ) on Tuesday October 12, 2010 @11:55PM (#33879532) Homepage

    The majority of the guests are not going to use the borrow the SMTP server that the hotel uses.

    They are typically going to HTTPS to some webmail account.

    Good luck getting the headers out of that.

    If the hotel has a NAT-ted network, what are they supposed to log? Which 192.168.x.y address had a particular evil-doing port number at a particular time, and match that t a guest?

    Europeans are going daft.

    • by mysidia ( 191772 )

      If the result of the law is they are not allowed to have a NAT'ed "network", then I am all for that.

      It will help root out yet another place where end-to-end connectivity has been broken by braindead many-to-one port-restricted cone NAT setups.

    • They may well apply MAC filtering and tie that in with the NAT IP. Yeah, we know they can be spoofed, but does the PHB on an expenses-paid junket care about that?
    • Comment removed based on user account deletion
      • by kju ( 327 )

        They will know that you connected to https://webmail.example.nl/ [example.nl] and can now go to that provider demanding the data.

        No. The EU data retention law does not allow/ask for logging actual content like which website was accessed.

  • OK - so at what point will anyone who purchases a WIFI access point have to register it and themselves - and keep logs forever and have a license to operate, etc?

    How about anything that can route?

    Linux?

    At what point is this absurdity going to end?

  • by GC ( 19160 ) on Wednesday October 13, 2010 @01:24AM (#33879828)

    I happen to be typing this from a Dutch Hotel.

    This particular one has free wireless, and there is no way to identify a particular system accessing the net to a room. In fact, without staying here I could still probably sit in the car park or hotel lobby and access the internet from there. There's even a PC in the lobby with anonymous access from it.

    Granted it does use a "Hotspot" login page (just need to check a checkbox and click login), so I suppose that could be modified to have someone provide a room number or PIN etc...

    Changing the way things work though will invariably be a pain though, especially if you need to access the Internet over the weekends and the authentication system breaks down or something else goes wrong... (as seems to be quite common with the systems in many hotels). Reception tend to look at you with rather blank faces when this happens, and it usually isn't fixed until a weekday.

    • by mspohr ( 589790 )
      Hotspot login page probably records your MAC and IP as well as OS and browser so you could be traced. Could also collect lots of other information to uniquely identify you.
  • The data retention system is never ever going to prevent any terrorism. Real dangerous terrorists would never communicate over the open Internet, and amateurs that might are not really dangerous; they are more likely to either blow themselves up by accident or be unable to manufacture even the simplest explosive that works.

  • For me, when I'm at a hotel I don't use tappable/monitorable e-mail. I'm either using secure IMAP to my own server, running a client on my home machine remotely via X11-over-SSH, or using my own WebMail server (or a Google one) via HTTPS with a check of the certificate. I assume that any time I'm on a "free wi-fi" network there may be proxy servers handling all unencrypted traffic (and potentially trying to MITM SSL traffic), so I avoid running anything across the network that I don't want the general publi

  • Hotels offer free wifi since guests demand it. If red tape turns up which turns them into an ISP I don't see it necessarily stopping them from offering wifi. Instead some enterprising company will sell an ISP in a box, which will be a glorified NAS / router with extra logging /audit trail.
  • "This is probably not likely to lead to a more widespread adoption of free WiFi services in hotels." Here's a much better one - "This may lead to less free WiFi services in hotels."
  • Early drafts of the Digital Economy Bill would have had all ISPs liable for data retention and, more onerously, require they could identify individual subscribers in the event of complaints about "illegal" downloading. Inability to comply would have meant the ISP taking full liability for their users actions. This would have been the end of collective Internet provision in a whole range of settings (hotels, cafes, managed business premises,...) where the costs of compliance would outweigh the revenue genera

  • Hotels also supply customers with electricity, water and often tv over cable network. They dispose of their customers trash and relay messages left for their customers. So they should have to register as power distributor, waterworks, cable network company, postal company and waste disposal contractor, right?
  • I have a Galaxy S, yesterday I had to give to my poor iPhone friend some internet by turning my Galaxy S into a wirless hub.
    That would make me an ISP.
    Does that mean I have to retain his emails for 8 years ?

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