Policing the 'Net's red light district; efforts to combat obscenity imperil online providers

Article Abstract:

Congress has enacted the Communications Decency Act of 1996 to combat pornography in any computerized form. The law targets particularly those who would make pornography accessible to children. Online service providers and Internet access providers could be jeopardized because by offering access to services with particular content they do more than giving access to systems outside of their control. The law could negatively impact freedom of speech and its constitutionality has already been questioned. If the law survives, it will be difficult for controversial viewpoints to be offered online.

Internet, Obscenity (Law), Obscenity

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A recent decision holding an online service provider liable for defamation could have far-reaching effects for operators who want to maintain content control

Article Abstract:

The decision in Stratton Oakmont v Prodigy Services against the latter shows that the question of what constitutes editorial control of online information remains unanswered. Bulletin board and online services should, in response, clarify their own editorial policies and align all activities and announcements with those policies. Such services generally proclaim themselves distributors, not publishers, of subscribers' comments, but Prodigy had a policy of strictly monitoring the comments and keeping tight editorial control.

On-Line Information Services, Videotex & Teletext Svcs NEC, Communication services, not elsewhere classified, Cases, Libel and slander, Online information services, Electronic publishing, Information services, Information services industry, Bulletin board services (BBS), Computer bulletin boards

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Web-site agreements do not wrap up IP rights

Article Abstract:

Many commercial sites on the World Wide Web part of the Internet use a form of the so-called shrink wrap agreement known as the Web-wrap, but these license agreements may prove unenforceable. Though the agreements are usually available through a hot link from the home page, few are sufficiently prominent or require an affirmative response by the reader. Draft changes to the Uniform Commercial Code may address some problems, but until the Web develops accepted standard contracts, conspicuous placement is vital.

Contracts, World Wide Web, Licensing agreements

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