Can Domain Name Owner be held liable for Website Content?

[bumblebee]

Hi, if I were to rent out my domain to another person by pointing my domain name to their website while still maintaining ownership of the domain, could I be held liable for what the person does on their website?

Common sense tells me that I couldn't be held liable, because a domain name is "just the messenger", and that only the owner of the actual site (ie. the pages that reside on the server), could be held liable.

Am I wrong?

Thaaanks.

 

[larky_starz]

I would imagine that you would be extremely responsible, if that domain name directly forwards someone to that website. Your name is attached as the owner of the domain name, so you have a degree of responsibility to ensure that your domain is associated with content of a legal and ethical nature. That is just my opinion. Someone tell me if I am wrong.

 

[floatingworld]

yes bumblebee I think you are responsible. it is a good idea when renting out a domain to say what is not acceptable re content eg libellous content/porn if not acceptable/etc and to keep an eye on the content at intervals. you can then pull the plug if necessary.

 

[bumblebee]

Thanks for your opinions, they make sense.

But does anyone have any case studies/articles that clear this matter up? I couldn't find absolutely ANY sites on Google that addressed this issue...

 

[floatingworld]

...look at it this way..if your rented website was used for money laundering/drug dealing/terrorist org/ do you think they wouldn't knock on your door?

 

[robertjr]

...look at it this way..if your rented website was used for money laundering/drug dealing/terrorist org/ do you think they wouldn't knock on your door?

Runs...to lock door!
:notme:

 

[weblord]

Hi, if I were to rent out my domain to another person by pointing my domain name to their website while still maintaining ownership of the domain, could I be held liable for what the person does on their website?

Common sense tells me that I couldn't be held liable, because a domain name is "just the messenger", and that only the owner of the actual site (ie. the pages that reside on the server), could be held liable.

Am I wrong?

Thaaanks.

before offering that kind of services such as that of expiredtraffic or expired domain traffic or domain traffic redirection services, you need to setup a clear tos and rules on usage of your domain on your salespage somewhere that you only allow content with these applicable rules blah blah blah.. don't do a thing that will backfire on you someday and cause your domain to be removed from you.

:imho: and also setup a disclaimer that you monitor your redirected content to a site that you can't control blah blah and that you mentioning it makes you indemnified from unlawful and prohibitive use of your domain.

 

[bumblebee]

I'm not actually trying to rent out my domains, I'm just curious from a legal standpoint because I've always read about how website owners get arrested for their web content, but never a domain owner and I know many people rent out their domains. When I tried to look up the answer on Google, I couldn't find it, which made me even more curious. No one here seems to know the exact legal answer to this question, which has me pulling my hair with curiosity, but maybe that's just it's...there's no clearcut, black or white, legal answer or legislation that addresses this very issue, at least none that I could find.

Or am I looking in the wrong place?

 

[JYM]

I don't think a domain owner is liable... if for instance the FBI is looking for the owner of a website, normally it would be the domain owner, but if they contact you and you tell them who the website belongs and you show them the contract that both parties signed agreeing the rent of the domain, I don't believe anything can go wrong. After all, a domain is simply a shorter way for people to access a website instead of typing in numbers.

 

[bumblebee]

I don't think a domain owner is liable...After all, a domain is simply a shorter way for people to access a website instead of typing in numbers.

My thoughts exactly.

I just wonder how the law treats this issue...

 

[EbookLover]

You would need to draw up a contract with your rentee that states you are not responsible for his site, however, that will not necessarily hold up in a court of law. However, it would make your case a lot better. But don;t count on getting off scott-free.

BTW, you really should never take legal advice from strangers especially not form people who are not lawyers.

If you can't afford a lawyer to draw up a contract and ask him questions, then you should still draw up a contract yourself. In that contract (among other things) I would state that you can terminate the rent/lease or take down the site at any time if you feel that the content could legally affect you as the domain owner. Also mention the types of sites/content that would not be allowed.

Good luck. I am not a lawyer.

I don't think a domain owner is liable... if for instance the FBI is looking for the owner of a website, normally it would be the domain owner, but if they contact you and you tell them who the website belongs and you show them the contract that both parties signed agreeing the rent of the domain, I don't believe anything can go wrong. After all, a domain is simply a shorter way for people to access a website instead of typing in numbers.

You are living in a dream world, really. The FBI is the least of your worries, however, don't be so quick to think they will let you off the hook just because you say "hey, I just own the domain, not the content".

But your real fear should be with lawyers and the court. Not cops and the FBI. Even if the FBI let you off the hook, it does not mean that you cannot be sued and it does not mean a court will not find you in violation yourself.

But even the FBI is not as sweet as the quote above thinks. Let's say your rentee is engaging in, say, child porn. Do you honestly think that all you have to say to the FBI is

"HEY MAN, I ONLY OWN THE DOMAIN, MAN. SEE THE CONTRACT? IT'S OUTTA MY HANDS, MAN."

Ummm, shhhhhyeeeeaaaaah, rrrrriiiiiight!!!! ​

Just because you can prove to the FBI that you are renting the domain it means absolutely nothing. Nothing at all.

Do you have any idea how many innocent people are in jail.

Besides, jusst because you are renting the domain it does nto prove that you are not involved with the operation of the site. You could have drawn up a contract ot make it look like you have no cut in the crime. Any smart criminal woul dthink of doing that as a way to try to fool the law or buy some time befor ethe inevitable.

Be for sure, that in this case, you would go to jail. No question. With hundreds of thousands of dollars in bail to post to get out otherwise you'll have to stay in. It would then be up to the court to find you not guilty and not responsible. That is not the FBI's call. I don't think you know how the law works, buddy.

After some though, I think you might be a fool (speaking to the OP) to not get a contract drawn up by a good lawyer. It will be worth it in the end. If you don't have the money, then save it up.

My thoughts exactly.

I'm not trying to be rude, but it really does not matter what you "think". You 2 are really showing your naivety. Again, no offense.

Let's say, in my scenario a court will in fact find you not responsible, not guilty. You wold still spend time in jail before the trial. How would you like that? And for child porn, no less. Screw that, how would you like ot be in jail, period? Regardless of the reason? You 2 think that the law i smore forgiving than it really is. Policement and the FBI are not jugdes. They merely enforce the law. they leave it to the judge to actually figure out if you are in fact guilty. In the meantime, you will wait in jail while youwait for the hearing to take place, which could take years.

Seriously. Proceed with caution with this renting business. Get a lawyer. You won't regret it.

BTW, it would be a typical scenario that crooks would set up an operation to make it look like one person owns the domain and the other one the site content. This kind of stuf happensa ll the time. Not speakin gbaout domains, but other scenarios involving other things.

You won't get off scott-free, man. No way, no how. In fact, if anything you'll look shady as hell.

BTW, you are probably htinking at this point.

"Nuh, uh. You are innocent until proven guilty." Yup. And you know that that means?

It means...

"Lock him up until a judge makes tells us to do otherwise".

"Innocent until proven guilty" is just a bunch of words. Just a big lie. No such thing at all. Not even in the USA.

 

[bumblebee]

This is turning into a really interesting discussion!

EBookLover, are there any legal or government sites that support your line of thought? Because I can't find anything regarding this matter, which is strange because I'm sure it's come up before.

There's gotta be a law somewhere that states clearly that either "A domain name owner is liable for the content to which it points to" or "A domain name owner is NOT liable for the content to which it points to", yet you won't find anything about it online!

 

[EbookLover]

You do not understand. Let's say that there is a law on the books that would make you not guilty.

#1) You will have to go to court before they find you not guilty and until then you will do time in jail, unless you can post bail, which will be way outta your league, most likely.

#2) You obviously have never dealt with laws before. Since when was there a law written that "clearly states" anything? It's all up for interpretaion, man. And until it is intrepereted, you will do time.

You don't have to believe me. Do what you want to do. It's your life and it's your domain.

Please do yourself a favor and speak to a lawyer, if you are 18. If you are not even 18 then just forget the whole idea for now and wait until you understand better and have more money to do such things getting a lawyer in order to do things like rent domains to strangers. No offense, just really good advice that will save your a$$.

"A domain name owner is NOT liable for the content to which it points to", yet you won't find anything about it online!

I own a domain and the site on it. Does that mean that I am not laible since I own the domain even though I also own the site?

Think about it, what you are looking for is really off-the-wall.

Dream on.

========================================
BTW, this thread should have been posted in the "legal" forum. Just so you know for future reference.

The mods might move it there by tomorrow.

I'm not actually trying to rent out my domains, I'm just curious from a legal standpoint

+

Wheew. That's good to know. I did not read that post before I responded. You are beter off not doing things like this unless you speak to a lawyer and have you draw up a contract for you.

 

[seeker]

I agree with ebooblover generaly.
Anyhow, it is best to get professional legal advice for a better answer.
but the points ebooklover makes are very good.
do not confuse owning the domain and renting the webiste to being a host and renting 'space' on your server for a website.
hosts have clear TOS agreements, and even then, they *are* liable, and in many cases (search google) have had to pay for damages.
with domains/sites, the relationship is even tighter. Much tighter. it isnt even about having an agreement, the question will be WHY did you agree to this in the v=first place? Even though you may claim to have a contract and not knowing what the use would be, it is your domain. If anything, you'd probably be still held responsible even with a contract.
Anyhow, as i said, its best to get profesional legal advice for this.

 

[EbookLover]

You bring up a good point. A host will suspend an account at the drop of a hat without warning if he is notified that a site on his server is infringing on a copyright or doing something else illegal. They don't do it becasue they are nice guys. They do it to save their own arse.

 

[Amnezia]

The first thing i would do is check with your registrar. I definately think the domain owner whould be liable. If a site that your domain was pointing to was hosting something like child pornography then you are an accessary and you better get your self a damn good lawyer.

It reminds me of around 2001-2002 when alot of sites had illegally hosted Mp3s on. Serveral site owners were prosecuted who never even hosted any mp3s files on there site simple because they linked to mp3s hosted on other sites. These sites were seens as accessories and therefore coped some of the blame.

If your going to rent out your domain then its is your responsibility to check what its being used for and frequently monitor what is going on. You wouldn't knowlingly rent your house to be used in an illegal activity so why do the same with your domain?

The term of service agreements supplied by the host are not to diminsh their own legal responsibility but to ensure that they have a legal right to remove any site that could land them in trouble. If you are renting out a domain you would definately require a TOS of some kind, although it should be noted that this does not protect you from prosecution in anyway. it merely provides you with a legal right to cancel someones contract if they break the TOS.

Lastly ebooklover is correct. The law is mostly down to interpretation it is highly unlikely that there is a law somewhere which states "you will be held responsible for the content that your domain points to" but i'm willing to bet there are 100 different other laws that could be applied to the situation. Don't forget that not understanding the law does not protect you from prosecution.

 

[JoshHendo]

You would be held responsible. Personally, I think it would be a good idea to get something like whois gaurd if you were to rent out a domain name, so you just simply don't get a bad name if anything goes wrong.

-Josh

 

[fonzie_007]

This discussion may be better if a mod could move it to the legal disputes/questions area of the forum.

 

[khuldun]

Lets look at it this way, you rent a house to some terrorist and they use it to blow the neighbors house, FBI would sure;y have you as well

 

[timmaay]

khuldun,

bad analogy.
I would agree the cops/fbi whomever would be scrutinizing everything you as the landlord has ever done to make sure you have no terrorist ties but they couldn't hold you criminally liable, especially with all the no discrimation laws, privacy laws etc ...

Whereas with a domain redirect it is really easy to dial up the redirected website and check the content.

Anyhow, I don't think there have been an true legal profs. answering so I would ask the mod to move to legal disputes.

tim