spider in the Web...or how not to get snared using the Internet, The

Rough Notes, Oct 1996 by Kowatch, Diana L

Invasion of privacy

One final, major concern shared with us, was a personal one. What happens when someone hacks into my personal (or business) files and obtains personal information about me, my assets and finances, my family, and any other personal data I don't care to share? What if the same type of thing happens to my business? What happens if a competitor covertly gains access to my confidential business information, new product development, finances, etc? What protection or coverage can I find to compensate for the real, but difficult to assess, financial and emotional losses that may result? Is there coverage available?

Legal trends

A 1993 case in Florida involved a computer bulletin board service (BBS) which made available to its subscribers access to copyrighted photos obtained from Playboy Enterprises without its permission. The ruling made it clear that there was an infringement of the rights of the owners of the copyrighted material and found against the BBS.

In January of 1996, a federal judge ruled that dumping copyrighted material onto the Internet without the permission or compensation of the material's owner was indeed a violation of copyright law. The judge in the case involving the Church of Scientology, U.S. District Judge Leonie Brinkema, did not even send the case to jury because the copyright violation was so overwhelming.

Currently, legal rulings appear to be supporting the rights of owners of intellectual material no matter what the venue, whether it be by paper, broadcasting waves or electronic transmission. But having the law on your side does not mean you will not suffer economic hardship should any of the above mentioned injuries unfortunately occur. Defense costs and the costs of prosecution include the expenditure of time and energy and the loss of productivity, in addition to the monetary costs. All of this may end up being more costly than the actual loss itself.

Protect yourself

Individual users of the Web can protect themselves from bad advice or information by using a healthy degree of caution.

1. Know whom you are talking to.

2. Take the time to ask for and verify credentials and references.

3. Don't be afraid to call consumer protection services and agencies, better business bureaus, chambers of commerce, schools, and universities.

4. Don't be caught in the trap of thinking that if it's out there or if it's in print, it has to be valid, correct, accurate, and current.

5. There is no replacement for common sense. The old saying: "If it's too good to be true, it probably is" has far more validity to it than we like to admit.

The little time you spend up front to check out the sources and accuracy of information and its authorship may make the difference between receiving sound, practical advice and experiencing disaster.

Let us know what's out there

In our next article, we will look more into the coverages available. We ask that if you know of any insurers that are providing Internet or other related specialty coverages, please send us information on the insurer, the coverage forms and/or endorsements, and a contact name at the insurer if possible so that we may obtain permission to use their information.