Content Security deals with issues surrounding the content of electronic communications such email messages or attachments, Internet browsing and downloads, Chat messages etc. It can be broken down into the following elements.
 

Breach of Confidence

It is important for any company which uses e-mail or has access to the Internet to take steps to protect its own confidential information and to ensure that it is not liable to a third party for a breach of confidence.

Libel

The law of libel applies to electronic communication just as it does to more traditional forms of communication, the author of a libellous message sent by e-mail will be responsible for it and liable for any damage it causes to the reputation of the victim. The author’s employer may well also be liable, either under the normal principles of vicarious liability or because, in providing the hardware and the link to the Internet, the employer is directly liable as a publisher.
 

Sexual/racial Harassment and Obscene Material

In the office environment, the employer is vicariously liable for the discriminatory acts of its employees and has a duty to protect its employees from harassment. An employer could be seen to be liable as a publisher unless it could show that it did not know that there was material on its system that was likely to be obscene, and that this absence of knowledge was not the result of negligence.

The Internet contains much that is useful as well as much that could be offensive, dangerous or even illegal. Most adults are able to take care of themselves while online and steer clear of things that may offend them.

The expansion of the Internet and the creation of the “global village” means that is is easier for everyone to communicate, be it a group of kids discussing homework, housewives discussing baking or a multi-national conglomerate talking about their next takeover bid . It can also be a lot more sinister. The anonymity of the web means that it is hard to confirm the exact identity of who you are communicating with. The Internet has been embraced by paedophiles and other sexual predators who use this anonymity to their benefit. Children may think that they are communication with a like-minded child of their own age when in fact they are being targeted by a deviant. The Internet is an enabler for everyone, no matter the intention. The Association of Internet Hotline Providers in Europe (INHOPE) is an organisation supported by the European union whose members are providers of Internet hotline services dealing with illegal content on the Internet. They have further details of the issues surrounding this area. Their site is at http://www.inhope.org.

 

Inadvertent Contracts and Negligent Mis-statement

In a business context, Email is mostly thought of as as coming from a company. If a third party believes that an employee has authority to negotiate or enter into an agreement, then the company may be bound by the employees actions and may have to honour any agreement made. The same can be said when advice is provided by email and the recipient relies upon that advice as being provided by the employee on behalf of the company.



Negligent Virus Transmission

Transmission of a virus to a third party could make the company liable for any damage caused if the receiving company could prove that we were negligent in allowing the virus to be transmitted.