User Generated Content: User Rights and User Wrongs

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This panel focuses on avoiding liability when dealing with user generated content. Attendees will come out with a clear understanding of what obligations and risks anyone who hosts UGC is incurring, safe harbors and how to take advantage of them, where the safe harbors fail with respect to either protecting against liability or being poorly aligned with privacy/user obligations, and 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.


Detailed Description

Topics of conversation will 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