JISC Legal : Hosting Liability

A checklist of questions for institutions to consider when updating or framing an e-safety policy.

This paper assesses the potential  legal risks involved in project management.

Legal issues which may affect the development and use of particular ePortfolio systems.

Overview of data retention practices, and implications in FE and HE following the EU data retention directive 2006/24/EC.

This paper summarises the legal issues involved in the development and use of information and communication technologies (ICT) in learning and teaching.

Overview of some key legal issues to be considered in relation to e-Commerce Law for Web Administrators.

ARCHIVED

This document describes an investigation process, the legal issues to be considered and provides guidance in formulation of an institutions policy in dealing with incidents of computer misuse and their subsequent investigation at institutions.

ARCHIVED This paper brings together risks associated with the laws of contract and torts, employment law, privacy and data protection.

ARCHIVED

Guidance on potential liability for FE and HE in storing information on networks, best practice and limitation of risk.

Information on and examples of acceptable and unacceptable use of computer systems as well as practical tips on dealing with computer crime.

The EDUCAUSE Information Resources Library includes a collection of policies from the education sector. It includes example policies on acceptable use, copyright, data retention, e-mail, licensing, security and general use of the web.
http://www.educause.edu/browse/647.

This report has been extracted from BitLaw - an Internet resource on technology law, patent, copyright, trademark, and Internet legal issues.  
BitLaw was created by Daniel A. Tysver, a partner with the intellectual property law firm of Beck & Tysver.
http://www.bitlaw.com/internet/isp.html.

Full text of an article by Michael L. Siegel, published in the Virginia Journal of Law and Technology [4 Va. J.L. & Tech.7 (Fall 1999)].
http://www.vjolt.net/vol4/issue/v4i2a7-siegel.html.

Full text article by D. Lichtman and E.Posner of the University Of Chicago Law School, written July 2004.
http://papers.ssrn.com/soL3/papers.cfm?abstract_id=573502.

A hypothetical case of ISP liability produced by the Harvard Law School.
http://cyber.law.harvard.edu/metaschool/fisher/ISP/overview.html.

A JISC Legal paper written by Gavin Sutter June 2003, it is available here - http://www.jisclegal.ac.uk/publications/thirdpartycontent.htm.

The resources on this webpage provide links to information on liability for hosting institutions.  They are available on external websites.

This DTI consultation investigating proposals to extend the limitation of liability allowed to hyperlinkers, location tool services and content aggregators focuses on Articles 12-14 of the Electronic Commerce Directive. It was published in December 2006 and is available on the BERR website at: http://www.berr.gov.uk/consultations/page13985.html.

If you are looking for an Internet and E-mail Policy then the guides on the OUT-LAW website are a useful starting point . A user login is required and registration is free at - http://www.out-law.com/page-2.   

These questions are based on queries that have been asked of our enquiry service.

The general rule of UK defamation law is that the publisher of defamation faces liability.

A surprise amendment forced through for controversial clause 17 of the Digital Economy Bill could lead to entire sites being forced offline if it becomes law.

The Royal Bank of Scotland recently lost their appeal against the decision that they were in breach of the Disability Discrimination Act 1995.  

The third sector will see copyright exemptions for public playing of sound recordings and music removed from April 2010

Removing potentially libellous material posted by website users as soon as possible can protect from liability

Institutions falling to report data breaches can face financial penalties from April 2010

Illegal downloading of copyrighted material is being tackled by the UK Government with a new Digital Economy Bill.

The Ministry of Justice seeks views on updating defamation law so it is fit for the modern age.

Court of Appeal finds that website owners can avoid liability for statements made on a website where users are encouraged to make 'further enquiry'. 

European Court of Human Rights maintains a new defamation action can be brought for every access to online defamatory material.