GSutter ppts

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Product-Training-Manuals

Published on June 24, 2007

Author: VolteMort

Source: authorstream.com

Liability – Monitoring, Defamation, Disciplinary Action:  Liability – Monitoring, Defamation, Disciplinary Action Gavin Sutter LL.B., LL.M. Institute of Computer andamp; Communications Law Centre for Commercial Law Studies Queen Mary, University of London The Online Learning Environment:  The Online Learning Environment Location / Storage Teaching Materials Handouts, reading lists Past Examination Papers Online Interactive Discussions Chatrooms Monitored and unmonitored BBS discussions Monitored and unmonitored Student webspace The Online Learning Environment:  The Online Learning Environment Material supplied by staff Teaching materials Past examination papers Etc Liability problems unlikely Material supplied by students Chatrooms BBS Student web pages Material Supplied by Students:  Material Supplied by Students Problematic Content:  Problematic Content Defamatory statements in chatrooms and on BBS Harassment of others Protection from Harassment Act 1997 'a course of conduct..' assault leading to bodily harm ‘friendsreunited’ Use of OLE facilities to store or distribute material Copyright infringement e.g. P2P Obscenity andamp; distribution Child pornography andamp; mere possession Storage and distribution of inappropriate but legal material Linking to illegal and/or inappropriate material Liability for Third Party Provided Material:  Liability for Third Party Provided Material FE/HE Institutions as ISPs Defamation Defamation Act 1996 Defence of 'innocent dissemination' Not the author, editor or publisher Did not know and had no reason to believe that statement was defamatory Took reasonable care in relation to publication Godfrey v Demon The Times, 20 April 1999 Totalise plc –v- Motley Fool Ltd [2002] EMLR 20 Liability for Third Party Provided Material:  Liability for Third Party Provided Material FE/HE Institutions as ISPs Defamation Defamation Act 1996 Defence of 'innocent dissemination' Not the author, editor or publisher Did not know and had no reason to believe that statement was defamatory Took reasonable care in relation to publication Godfrey v Demon The Times, 20 April 1999 Totalise plc –v- Motley Fool Ltd [2002] EMLR 20 Liability for Third Party Provided Material:  Liability for Third Party Provided Material Copyright Infringement Use of OLE linked storage / web space for p2p activities Secondary Copyright Infringement Possession of the infringing copy in the course of a business Knows or has reason to know that it is an infringing copy Child Pornography Possession on servers Defence where Not seen Did not know and had no reason to believe was in possession Liability for Third Party Provided Material:  Liability for Third Party Provided Material Electronic Commerce Regulations 2002 Series of qualified immunities for ISPs Both civil and criminal Regulation 17 – 'Mere Conduit' Regulation 19 – Hosting Regulation 22 – 'Actual Knowledge' Liability for Third Party Provided Material:  Liability for Third Party Provided Material Electronic Commerce Regulations 2002 Series of qualified immunities for ISPs Both civil and criminal Regulation 17 – 'Mere Conduit' Regulation 19 – Hosting Regulation 22 – 'Actual Knowledge' Outside OLEs:  Outside OLEs Commercial Provider of OLE Hosting liability Collaboration with other institutions Terms of Agreement Indemnity against liability? Other conditions? To Monitor or not?:  To Monitor or not? Ecommerce Regulations No general duty to actively monitor content on servers… …but not prohibited Monitoring for inappropriate material Nature of the OLE Risk Management Strategies:  Risk Management Strategies Acceptable Use Policies for OLE All staff and students to sign up Incorporate clear ‘notice and take-down’ procedure High visibility contact details Supporting administrative procedure in place Webspace A no-no? Risk Management Strategies:  Risk Management Strategies Acceptable Use Policies for OLE All staff and students to sign up Incorporate clear ‘notice and take-down’ procedure High visibility contact details Supporting administrative procedure in place Webspace A no-no? Risk Management Strategies:  Risk Management Strategies Disciplinary Procedures Incorporated into AUP Clear penalties Involvement of Law Enforcement Access restrictions Password access Student identification Risk Management Strategies:  Risk Management Strategies In the event of a complaint… If in doubt, take it out Handover of student details Reporting illegal content Concluding Remarks:  Concluding Remarks Any Questions?:  Any Questions?

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