Hastings Communications and Entertainment Law Journal


As the Internet continues its rapid growth and development, concerns regarding the potential for its misuse are also growing. Many of the abuses and misuses of the Internet defy simple solutions. Unacceptable uses of the Internet have triggered calls for regulation of cyberspace, harmed Internet users, and have sometimes resulted in liability for unwary Internet Service Providers. The authors considers the difficulties of Internet Service Providers and others who do business on or over the Internet caused by unacceptable Internet use, and proposes a set of solutions designed to protect their interests. Contractual use limitations, in conjunction with policies designed to effectively enforce those limitations, are likely the most effective measures to limit the damage caused by unacceptable use of the Internet. The authors explain the essential elements of such a policy, and include model Contractual Use Limitations and Acceptable Use Policies to aid in stopping the unacceptable uses of the hacker, cracker, spammer, spoofer, flamer, bomber, and others.