Re: Ethics and copyright

> Oh my!  Are designers now being asked to draft privacy policies?  Are
> designers familiar with all the FTC requirements including the complexity
> of the COPPA?  Any designer that steps into this potential mess is opening
> himself or herself up to some substantial legal liability.

Ivan,

If every time some new issue comes up that requires a new piece for a
website, it immediately becomes a new salivating point for the legal
industry, none of us will get any business done.

A privacy policy does not require a large amount of thought to create.

The Direct Marketing Association has an entire website to crafting privacy
policies for any occasion.
http://www.the-dma.org/library/privacy/creating.shtml

Remember the DMA are the folks who want fill up your mail box and your
websites with advertisments. But they are making an attempt to solve the
problem rather than trolling for new business.

Regarding the FTC:
At this point in time the FTC is still determining what privacy is and what
is allowed.

Privacy Online: Fair Information Practices in the Electronic Marketplace: A
Federal Trade Commission Report to Congress (May 2000)
http://www.ftc.gov/os/2000/05/index.htm#22

The FTC would like statutory authority in this area, but to this point in
time do not have it.
In any case, any regulations would only have force of law in the US.

The COPPA regulations are only complicated if you are trolling for
information from young children, which in every civilized country on the
planet, is not a real good idea.

By implying that you need a lawyer to create billable hours every time
something new is thought of on the web, you are part of the problem and not
the solution.

Stefani,
Re: copyright
publication confers copyright.
At least in the united states.
So cutting and pasting someone else's work is a legal violation.

I would determine what use the client will make of the information
collected.
the best outcome for any website is an opt-in policy.
specifically stating why the information is being requested and whether or
not they will be selling it to anybody with a checkbook.

Ivan is right in consulting with your laywer to ensure that your butt is
covered and you are held blameless for what you post on behalf of your
client.

alan herrell - the head lemur
Help a Site http://www.evolt.org
Keep a Site http://domain-issues.org
Standards for Sites http://www.webstandards.org
Buy a Site http://www.lemurzone.com

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