Diploma in Tech and IP-Module 4

4.23.2 MESSAGE BOARDS & CHAT

Many Web sites now provide areas for users to interact with both the Web site owner and
other users. These areas take the form of message boards (where users can post a message
that can be read and responded to by other users) and chat rooms (where users can send
each other messages, or "chat," in real time).

In my experience, user interaction is fun and free-wheeling, but it can also be highly
inflammatory. Frequently, a user may make defamatory or otherwise objectionable
statements about another. Users then tend to turn to the Web site owner to remedy the
problem by removing the statements, correcting the statements or somehow punishing the
author of the statements. An audit should include a review of how the owner responds to
such demands and set up a policy for when, if ever, it is appropriate to either remove a post
or provide information about the author.

4.23.3 USER INFORMATION

The privacy and security of personal information on the Internet has become an increasing
concern. A Web site audit should include review of the site's policies for disclosing user
information and, in particular, policies for responding to subpoenas for user information. In
the United States, responding to requests for either the content of communications (i.e.,
email messages) or user information is strictly limited by the [federal] Electronic
Communications Privacy Act. Any policy should take into consideration privacy or
procedural requirements and other duties arising from common law or the site's Terms of
Service.

Finally, an audit should include a review of the site's privacy policy. In general, the policy
should provide notice to users about the types of information collected, how such
information is used and to whom it is disclosed. In addition, Web sites should provide their
users with reasonable access to their personal information and the ability to update or
remove such data as appropriate.

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The legal audit provides some guidance for Web site owners by identifying areas of
potential liability before litigation arises. In addition, further content liability counselling can
be done to place the Web site owner in the best possible legal position--by posting proper
disclaimers, establishing sensible complaint policies, etc.--should a legal demand be made.

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