User Generated Content and User Rights on Social Networks

From CFPWiki

This panel will discuss...

Speakers

• Coming Soon: Coming soon...

Detailed Description:

I think the focus is avoiding liability in dealing with UGC. The goal of the effort is to come out with, as much as possible:

1) A clear understanding of what obligations and risks anyone who hosts UGC is incurring

2) A clear understanding of safe harbors and how to take advantage of them.

3) A clear understanding of where the safe harbors fail with respect to either protecting against liability or being poorly aligned with privacy/user obligations and...

4) A mandate to work toward consensus on best practices with an eye toward codifying these practices as de facto best defenses and ultimately de jure safe harbors.

Topics of conversation would seem to include:

• Defamation

    - claims intended to silence criticism
    - unambiguously damaging statements
    - conflation of insult and opinion with defamation

- Copyright

    - Well supported claims are easy
    - Claimants rights appear most at risk; naive claimant
    - Failure to recognize or acknowledge fair use
    - Conflation of copyright violation with defamation

- Trademark

    - Conflation of trademark rights with copyright
    - DMCA claims for claimed trademark infringement
    - Famous Marks
    - Non-dilutive use

- Threats

    - Claims of threats derived from cryptic or hyperbolic analysis
    - Conflation of angry rhetoric with threats
    - Clear and unambiguous threats
    - Threats against the president
    - Statements of intent to do self-harm, suicide notes

- Illegal Speech

    - Images of Child Sexual Exploitation
            - Real
            - CG
            - Comic/illustrative
    - Obscenity in text and image
    - Publication of national secrets
    - Clear and present calls for violence or criminal activity

- Legal Compliance

    - Developing a "spying guide"
    - Well defined processes
    - Poorly defined processes

- Best Practices

    - What must be done
    - What should be done (variances with above)
    - Best practices
    - Formalization steps