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ACLU slams final San Francisco Wi-Fi contract 


Stephen Lawson

Wed Feb 7, 5:52 PM ET 

The ACLU has turned up the political heat on EarthLink and Google's plan for 
Wi-Fi in San Francisco, telling the city's Board of Supervisors that the 
proposed contract doesn't have enough privacy or free speech protections.

The ACLU of Northern California said in a letter to the supervisors on Tuesday 
that both EarthLink's paid service and Google's free offering would fall short 
of most of the group's recommendations on collection and sharing of personal 
data and possible tracking of users. Among other things, there are no limits on 
what kind of information EarthLink can or will collect, and terms for the 
Google service call for requiring "minimal" information on login without 
defining "minimal," the letter said. In addition to privacy concerns, the group 
is worried that knowing information is being collected will cause users to 
limit what they say and do on the Internet.

The city and EarthLink agreed on a contract last month, and EarthLink is 
confident the closely watched project will get off the ground with deployment 
of a proof-of-concept network starting in April, said company spokesman Jerry 
Grasso. But the proposal has been under fire since before the contract was 
completed, and some members of the board have said a municipally owned system 
would be better for the city.

EarthLink negotiated the deal with the city and would build and operate the 
network, bringing Google in as a tenant providing the free, slower service. 
Some critics have warned that San Francisco could be giving a virtual monopoly 
on citywide Wi-Fi to private companies without ensuring user privacy or 
complete coverage.

The ACLU said a municipal Wi-Fi network should let users opt in or out of any 
service that collects data on what they look at or search for on the Internet, 
or their e-mail messages. There are no provisions for that in the paid or free 
service terms, it said. EarthLink can only save location information for 60 
days, but there's no limit to how long it can store personal protected 
information and no limit to how long Google can store any information, the ACLU 
said.

Users of the EarthLink service can opt out of receiving marketing materials, 
but EarthLink has free reign to share personal information with partner 
companies that help it deliver or promote the service.

Both service providers can hand over users' personal information for law 
enforcement or national security reasons without a warrant or notification of 
the user, though they would require "court-ordered documentation" before doing 
so. If information is sought for a civil suit, EarthLink or Google would have 
to tell the user first.

EarthLink's Grasso declined to comment on the ACLU's letter, saying EarthLink 
has not seen it. Google and city representatives could not immediately be 
reached for comment.

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