Online Community - Legal

Legal

Two of the most important laws when dealing with legal issues of online communities, especially social networking sites are Section 512c of the Digital Millennium Act and Section 230 of the Communications Decency Act.

Section 512c removes liability for copyright infringement from sites that let users post content, so long as there is a way by which the copyright owner can request the removal of infringing content. The website may not receive any financial benefit from the infringing activities.

Section 230 of the Communications Decency Act gives protection from any liability as a result from the publication provided by another party. Common issues include defamation, but many courts have expanded it to include other claims as well.

Online Communities of various kinds (social networking sites, blogs, media sharing sites, etc.) are posing new challenges for all levels of law enforcement agencies in combating virtually all kinds of crimes including harassment, identity theft, copyright infringement, etc.

Copyright law is being challenged and debated with the shift in how individuals now disseminate their intellectual property. Today more than ever, individuals are coming together via online communities in collaborative efforts to create. Many describe current copyright law as being ill equipped to manage the interests of individuals or groups involved in these collaborative efforts. Some say that these laws may even discourage this kind of production.

Laws governing online behavior pose another unique challenge to lawmakers in that they must work to enact laws that protect the public without infringing upon their First Amendment rights to free speech. Perhaps the most talked about issue of this sort is that of cyber bullying. Some scholars call for collaborative efforts between parents, schools, lawmakers, and law enforcement to curtail this kind of harassment in the wake of some alarming tragedies including suicide.

Laws must continually adapt to the ever changing landscape of social media in all its forms; some legal scholars contend that law makers need to take an interdisciplinary approach to creating effective policy whether it is regulatory, for public safety, or otherwise. Experts in the Social Science disciplines can shed light on new trends that emerge in the usage of social media by different segments of American society (including youths). Armed with this data, lawmakers can write and pass legislation that protect and empower various online community members.

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