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Probably wouldn't fly in court; the whole idea behind requiring passwords is to be able to tie a person to the device connected to the network.

(I think it is a terrible idea to require this; however, chances are any scheme like the one you are proposing will be shot down in flames once the WiFi owner is dragged into court.

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How does requiring passwords tie the user to the device? Sure, in a house for example, you have assurance that the only people connected are your family (or friends). But if you're at, say, Starbucks (and they change the pass every day), the only thing you'll know is that people connected visited that day.

If you require a username and password to access, then sure, you could track who is visiting what websites (provided you don't allow guest/guest like my high school did).

I was in Austria recently, Starbucks there requires you to register an account to use Wi-Fi.

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