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Hi,
Its all fun, until somebody gets hurt:
The more you fuck around, the more you're gonna find out
https://www.youtube.com/watch?v=_qEcm43Lx3c
I am not the owner of jekejeke.ch anymore.
So if somebody gets some bruises because of
some phishing, I cannot be held responsible.
Bye
The liability is on people like Jean-François
Fabre, Karl Knechtel, etc.. who prevented the delete:
ChatGPT tells me:
Yes, a website can potentially be held liable for
linking to phishing websites, but it depends on the
jurisdiction and specific circumstances.
Here's a high-level summary:
Factors That Determine Liability:
Knowledge and Intent:
If the website knowingly links to phishing websites or
facilitates malicious activity, it could be liable for
aiding and abetting fraudulent acts.
Negligence:
If the website failed to vet the links it provides and
this negligence caused harm to users, liability might
arise under certain laws (e.g., negligence claims).
Consumer Protection Laws:
In some jurisdictions, consumer protection laws require
website operators to ensure their content does not lead
to harm. Linking to a phishing site might be seen as a
violation if due diligence wasn't performed.
Safe Harbor Provisions:
Many countries have laws (e.g., the DMCA in the U.S.,
or EU's e-Commerce Directive) that protect websites
from liability for user-generated content if they act
quickly to remove harmful links when notified.
Terms of Service (ToS):
Websites often include disclaimers in their ToS to
mitigate liability for external links. However, courts
may not always honor these disclaimers if negligence or
malicious intent is proven.
Reducing Liability Risks:
Regular Link Audits: Monitor and verify external links.
Clear Disclaimers: State explicitly that the website is
not responsible for third-party links.
Prompt Action on Reports: Respond swiftly to reports of
malicious links.
Collaborate with Authorities: If malicious links are
identified, working with cybersecurity and legal authorities
shows good faith.
Ultimately, liability will depend on whether the website
owner acted responsibly and in good faith to prevent harm.
Les messages affichés proviennent d'usenet.