WiFi in Utah: Legal and Social Issues

Abstract

Unsecured, unfiltered wireless internet connections make online content, including pornography, just a mouse click away for increasing numbers of individuals in Utah. With new technology comes a need to consider the risks and benefits, and ways to optimize safety with measured regulations.

A simple requirement that wireless networks in Utah be either password protected (or secured in another way) or reasonably filtered is not burdensome, unconstitutional, or impractical to enforce. Existing Internet pornography laws, nuisance law, the state's interest in protecting minors, parental rights, privacy interests of property owners, and decency regulations on public property all support the proposed regulation of wireless connection to protect children and others from the dangers of pornography online in Utah.

Keywords: Internet regulation, pornography, children, cyberspace law, obscenity, ISPs, content filters, wireless free internet access, nuisance, duty to minors, parental rights, privacy interests, state law, Utah, socially responsible wireless networks