EFF's Legal Guide For Bloggers
The E.F.F. (Electronic Frontier Foundation) has published an in-depth, very timely, Legal Guide For Bloggers.
The Guide is quite insightful, covering an exrtremely wide range of possibilities and legal options. If you blog, or plan to, make this your Bible!
Please note: this Legal Guide covers only issues under U.S. law at present.
Here are a selection of topics- all of which are very high profile in relation to blogs and bloggers, and will certainly be of interest to many:
1. Legal Liability Issues: An Overview
2. Intellectual Property
3. Defamation
4. Section 230
5.Privacy
The great debate currently being waged in various Courts and cases, "Are Bloggers Journalists?" is addressed.
As are answers to questions such as: Do bloggers have the same Constitutional protections as mainstream media?
and Can Journalists' Blog?
This guide is not about possibilities or opinions- it speaks to specific actions and their legal consequences, and addresses blogs only.
It provides options and legal recourse.
It also explains the areas of law in which one could face action based upon possible infringement.
The E.F.F. agrees that bloggers are not Journalists per se, yet the Rights of the Constitution
are applicable to them and (as per a recent Supreme Court ruling)
"are no greater and no less than those enjoyed by other individuals and organizations engaged in the same activities."
Yes, the right to blog is an extension of freedom of speech,
just as the right to defame, infringe on Copyright, Trademark, and Privacy, is not-
and is equally protected- and actionable, should those rights be compromised.
Bottom line: if you want to be a Publisher, and play in the big leagues-
even if you are "just" a small one person Grass Roots blogger,
you'd best check your facts, and the risk you face,
should you unwittingly place yourself in legal peril.
The playing field is fairly level....
At present, the E.F.F. is involved in several high profile, likely to be precedent-setting cases.
This is in line with their Mission Statement:
"to shape the law to protect your rights through impact litigation."
While they realize they are unable to help everyone who might seek their assistance,
(they are a small, highly dedicated group of law professionals funded by members' contributions)
they do offer access to their extensive
archives of legal filings
should one wish to make use of them.
(And they do promise to refer you to someone who should be able to help you if you find yourself in trouble.)
Do take advantage of their generosity-read the Guide!
The Guide is quite insightful, covering an exrtremely wide range of possibilities and legal options. If you blog, or plan to, make this your Bible!
Please note: this Legal Guide covers only issues under U.S. law at present.
Here are a selection of topics- all of which are very high profile in relation to blogs and bloggers, and will certainly be of interest to many:
1. Legal Liability Issues: An Overview
2. Intellectual Property
3. Defamation
4. Section 230
5.Privacy
The great debate currently being waged in various Courts and cases, "Are Bloggers Journalists?" is addressed.
As are answers to questions such as: Do bloggers have the same Constitutional protections as mainstream media?
and Can Journalists' Blog?
This guide is not about possibilities or opinions- it speaks to specific actions and their legal consequences, and addresses blogs only.
It provides options and legal recourse.
It also explains the areas of law in which one could face action based upon possible infringement.
The E.F.F. agrees that bloggers are not Journalists per se, yet the Rights of the Constitution
are applicable to them and (as per a recent Supreme Court ruling)
"are no greater and no less than those enjoyed by other individuals and organizations engaged in the same activities."
Yes, the right to blog is an extension of freedom of speech,
just as the right to defame, infringe on Copyright, Trademark, and Privacy, is not-
and is equally protected- and actionable, should those rights be compromised.
Bottom line: if you want to be a Publisher, and play in the big leagues-
even if you are "just" a small one person Grass Roots blogger,
you'd best check your facts, and the risk you face,
should you unwittingly place yourself in legal peril.
The playing field is fairly level....
At present, the E.F.F. is involved in several high profile, likely to be precedent-setting cases.
This is in line with their Mission Statement:
"to shape the law to protect your rights through impact litigation."
While they realize they are unable to help everyone who might seek their assistance,
(they are a small, highly dedicated group of law professionals funded by members' contributions)
they do offer access to their extensive
archives of legal filings
should one wish to make use of them.
(And they do promise to refer you to someone who should be able to help you if you find yourself in trouble.)
Do take advantage of their generosity-read the Guide!
posted by jill e vaile at 3:06 AM
6 comments
