It has taken a while to decide to write a blog. I want to avoid the maunderings of the self-absorbed...well - not entirely. What I want to do is share some ideas, insights, and resources about Web development - after all I have been doing it for a long time and it is about time I had something to say.

One of the constant debates I have had with students and clients is the purpose, "I mean Bernie - what's the point" of having legal information on a Web site. At the start of my career many clients did not want to discuss such matters online (it might give someone ideas - about what I'm not sure) and my students were aghast - "I mean - I'm a photographer - privacy and terms of use just don't matter..." but copyright - ah - that got their attention. Over the years my ability to explain why they need this information has improved (the odd lawsuit has certainly helped) and my students know they will lose marks if they don't do it. That was easy.

Why do Web sites need this information?

Good question. There are three types of legal information that I insist on: Copyright, Privacy, and Terms of Use. They should each have their own page and that page should be easy to bookmark. The text should be simple, clear, and properly reflect the practices and expectations of the Web site owner. Anyone reading this information should come away with a clear understanding of what it means to them and how it will effect their use of the Web site and their relationship with the organization. Links to this information should be on every page so that there is a close proximity between the visitors and the legal information: at no time can they say "I didn't see the information". Well, they can say it, but you can show it is not true.

Copyright

The Web is a copyright nightmare: when you visit a Web page you have to take a copy in order to see it. There are no restrictions on location, numbers of copies, and future use. Morever, anyone can take your stuff and make derivatives. Disable "right click" - don't waste your time - as soon as someone can see it they can take it. Under these circumstances you must make your copyright claim clear and explicit. All rights reserved and the date and the name of the author. The link should on every page: every single page. The same for Privacy and Terms of Use.

An interesting copyright development is the use of Creative Commons. The tag line: "Some rights reserved" is appropriate. In this way an author can pre-authorize the use of their work (usually as long as their names are kept) and maintain their rights. There are other rules that the author can pick and choose. Read more about the Creative Commons and the Canadian Creative Commons.

Privacy

Web sites are great at collecting personal information: see Facebook for example.

One of the greatest e-commerce disasters was boo.com. I believe they blew through almost a half billion dollars in venture funding. In spite of this huge, mighty, olympian, gibsonian, failure they collected the personal information of almost 400 000 people. Then when they needed to pay some bills they thought: let's sell the names.

Crazy.

Subsequently (but not directly as a result of boo's booboo) Canada, Europe, but not the United States, have adopted strict privacy laws. What is important to keep in mind is that you tell your visitors what information you collect and what you intend to do with their information: then get their active consent - easy, safe, and you get people who are interested in your message.

The Web site is a great place to spell out your privacy policy. By making it clear you not only reassure your audience but you also create a resource where your people know how to treat the personal information that comes your way. The influence of your Web site not only goes out to the world but also into your organization.

I have always liked Cottage Life's privacy policy (even though they just copied it off of the Canadian Privacy Commission).

Terms of Use

This information explains your expectations for the Web site and what visitors can get out of it. It explains the limits you have set on the Web site and the information it contains. It can also explain what visitors can and cannot do with the information. It can set out the jurisdiction, methods of redress, and who to complain to. Is there a warranty with your Web site? Are there things visitors cannot do - like swearing in forums and comments - on your site? Whatever you feel is necessary to  explain this is the place to do it. Like the privacy policy it is also the resource for your staff so that they know what to do.

Hewlett Packard has a comprehensive terms of use that I "enjoy" reading. If you want some fun: read Hotmail's terms of use or Gmail's. You might be surprised at what you have agreed to.

Finally

It is best to be explicit and clear about your expectations. What I have found is that your visitors will accept almost any terms that you set. Once you set them stick to them. I said that the United States does not have a privacy law: what they do have it is the Federal Trade Commission. What the FTC does is holds the companies accountable to their own policies and then if they break them - the fines are huge and the reputation loss incalculable. Just ask Guess.

This is an interesting (to me) subject and future blog posts will continue the discussion.

Cheers,

B