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Q: Who is responsible for illegal content on a public webpage? ( No Answer,   7 Comments )
Question  
Subject: Who is responsible for illegal content on a public webpage?
Category: Relationships and Society > Law
Asked by: vgad-ga
List Price: $2.00
Posted: 31 May 2006 11:47 PDT
Expires: 01 Jun 2006 16:08 PDT
Question ID: 734105
If a person uploads illegal material to a public access webpage, is
the administrator safe from prosecution if we delete the content as
soon as we are informed about it?  Or do we need to be more proactive
and moderate all content?

In other words, is it okay to allow any content to be uploaded,
uncensored, publicly visable, and worry about illegal content only
after someone complains to us?

Also, are we legally required to report all illegal content uploaded?

If it matters, I and the web server reside in California.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Who is responsible for illegal content on a public webpage?
From: tutuzdad-ga on 31 May 2006 12:22 PDT
 
Define "illegal".
Subject: Re: Who is responsible for illegal content on a public webpage?
From: vgad-ga on 31 May 2006 14:35 PDT
 
The definition of "illegal" is my other question.  See... 
http://answers.google.com/answers/threadview?id=734111
Subject: Re: Who is responsible for illegal content on a public webpage?
From: myoarin-ga on 31 May 2006 14:41 PDT
 
Perhap Google Answers' policy can be guidance.  See Terms of Service
below, "proper use".
Subject: Re: Who is responsible for illegal content on a public webpage?
From: vgad-ga on 31 May 2006 14:55 PDT
 
So are you saying a good Terms of Service can successfully CYA (Cover
Your Assets) in case someone uploads illegal content?
Subject: Re: Who is responsible for illegal content on a public webpage?
From: myoarin-ga on 31 May 2006 15:47 PDT
 
No, I am just pointing out what Google does, making the assumption
that they are well advised on the legal aspects of running a site
where anyone registered can post any text or links.

Your question really calls for more effort than the price justifies
(see the FAQs).  An official answer on a question like this would
emphasaize strongly that it is no substitute for advice by a lawyer
experienced in the subject.
Subject: Re: Who is responsible for illegal content on a public webpage?
From: cynthia-ga on 01 Jun 2006 00:50 PDT
 
Click on the link below and scroll to Page 11: "Keeping Clear of Legal
Issues" --I think you will find that 2 page article very helpful.

WebHosting Monthly
http://www.thewhir.com/magazine/webhostingmonthly/july2003.pdf
Subject: Re: Who is responsible for illegal content on a public webpage?
From: vgad-ga on 01 Jun 2006 09:58 PDT
 
Thank you for the link to the WHIR, it was very informative and
answers my question well.

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