This is an illustrious set of panelists.

Denise Howell says there are risks to blogging just as there are to maintaining any web site. People do it anyway “because the price of not being on the Web is just too high.” Blogs are even riskier than static Web pages because there’s greater employee involvement, speedier updates, more interaction and more visiblity. Liabilities include defamation (knowingly publishing something false and harmful) or Corporate Disparagement. It’s not clear, says Denise, how the First Amendment applies. [I thought we repealed that pesky Amendment a couple of years ago.] There’s also the misappropriation of information or the name and likeness of individuals. In general, you ask people permission and set rules and policies. She cites Groove Network’s statement on blogs as a model. “The laws don’t go away,” she says.

John Palfrey, executive director of the Berkman Centere says he’s learned three things from launching the Harvard blogging initiative :1. Be wary of becoming an ISP. He’s found dozens and dozens of definitions in the law about who is an ISP. At least 40 different ways. “The US law is a complete mess in the Internet space.” So, get a lawyer to work it through. 2. Be prepared for take-off. 3. And blogs are good for the Web. John is hugely enthusiastic about blogging but recommends that we be aware of the risks. He also urges people to use Creative Commons licenses.

Catherine Reuben talks about blogging and employee relations. Employers can read the blog of a prospective employee. And they can read — and act on — what an employee writes in her personal blog; the First Amendment restricts the government, but not business. Employees can also be disallowed from blogging that gives away something of value, e.g., the CNN reporter who was also blogging. Employee don’ts: Don’t do it on company time. Don’t reveal your employer. Don’t “fire off stuff you wouldn’t want a potential employee to see.” Don’t automatically sign your confidentiality or “intellectual property” agreements; you have more bargaining power than you think. If you are an analyst, your employer may own what you write. Employers should have a reasonable, clear confidentiality agreement. They should have a clear policy about employee Web sites and blogs. It’s a huge area of legal uncertainty…

Maurice Ringel is a lawyer who did 20 years as a marketing and ad guy. He says a blog may be considered a form of advertising, even if it’s totally unintentional. It’s not yet clear which bodies may enforce regulations against bloggers somehow conceived as advertising.

Arik Hesseldahl is senior editor of Forbes.com. He passes everything he writes through the site’s lawyer. (I got interrupted and missed his comments. Sorry.)

Categories: Uncategorized dw