Internet links pose image and legal problems
Examples of legal wrangling over Internet links
Security Strategies Alert
By
M. E. Kabay
,
Network World
, 12/20/2005
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Mich Kabay takes a high-level view of security issues and provides resources to help safeguard your corporate and personal security.
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In my last column, I discussed a reader’s question about links from an intranet server to pages on Internet servers. This
second article of three looks at a related question: the risks of pointing to external non-organizational Web sites from a
corporate Internet server.
In addition to the issues of integrity and availability mentioned in the previous article, there’s always the problem of lack
of control over where users - especially customers or potential customers - will end up when they follow a link from a corporate
site into the greater Internet. What may have been an inoffensive, useful page or document last week may be a salacious, tendentious,
pornographic, libelous or otherwise embarrassing destination this week. The public relations department will surely be concerned
about the implications of external linkages on any corporate Web page.
Does linking to another site imply approval or endorsement of whatever is on that site? In 1997, the German government filed
charges against Angela Marquardt, the 25-year-old, blue-and-purple-haired deputy leader of the communist Party of Democratic
Socialism, for linking from her Web page to a banned issue magazine called _Radikal_. The issue of _Radikal_ was banned because
it included detailed instructions on how to sabotage railway lines.
According to the public prosecutor, “It has nothing to do with censorship. Criminally relevant materials are subject to classification
by the district attorney or criminal prosecutors.”
In early June, the court hearing opened and adjourned after an hour so the magistrates could arrange for expert testimony
to explain the ‘Net and the Web when the case reconvened toward the end of June. On June 30, the court ruled that maintaining
a hyperlink to objectionable material is not tantamount to publication of that material.
Linking to another organization’s Web pages can open one to a lawsuit. In a startling display of cluelessness about the history
and even the definition of the World Wide Web, Ticketmaster Group sued Microsoft in April 1997 for including a hot link from
Microsoft Web pages to Ticketmaster Web pages without a formal agreement granting permission for such links (a practice now
known as “deep linking”). The problem apparently stemmed from Ticketmaster's perceptions that Microsoft was deriving benefit
from the linkage but bypassing Ticketmaster's advertising.
M. E. Kabay, PhD, CISSP-ISSMP, is Program Director of the Master of Science in Information Assurance program at Norwich University.
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