This post therefore intends to do two things: explain in greater detail why it is an incorrect statement of law, and also how incorrectly citing it as the law inherently poisons any discussion about regulating online speech by giving the idea of such regulation the appearance of more merit than the Constitution would actually permit. And it’s not without consequence that so many people nevertheless mistakenly believe it to be the law, and in so thinking use this misapprehension as a basis to ignore, or even undermine, the otherwise robust protection for speech the First Amendment is supposed to afford. It’s a completely made-up rule and not in any way a reflection of what the law on expression actually is, or ever was. Or, perhaps more aptly, it’s wrong like saying it’s illegal to wear white after Labor Day. It’s wrong like saying it’s legal to rob a bank. It keeps coming up, the all-too-common, and all-too-erroneous, trope that “you can’t shout fire in a crowded theater.” And it shouldn’t, because, as a statement of law, it is completely wrong. *Products, applications, and services mentioned in this article are for illustrative purposes only, and do not represent any endorsement or recommendation by the author.Thu, Oct 28th 2021 10:44am - Cathy Gellis It might be prudent to ask your web hosting service if they can make a back up for you, or require back ups of your site as a standard part of the service they provide. At best, an archive or backed up site is indeed a ‘snapshot’, and cannot save flowing information.īacking up or download remotely hosted sites may take a considerable amount of time, not to mention large storage capacity and bandwidth, which may incur the wrath of your IT department. Since so many sites contain dynamic content (that is, the content changes frequently), backing up a site may seem impossible. On many sites, once per week or even once per month may suffice. If static information changes daily, then backing up once a day seem reasonable. How frequently should a site be archived? That depends on many factors, chiefly among them the motivation for making the copy. In 2003, The Internet Archive co-founded the IIPC, the International Internet Preservation Consortium, along with12 International Libraries, recognizing the importance of international collaboration, standards and best practices for preserving Internet content for future generations. The Internet Archive has the largest public web archive in existence, comprising 200 billion pages, and over 85 million websites in 40 languages. Issues such as protection and ownership of intellectual property and copyrighted materials are topics best covered (and are, extensively) elsewhere. Saying these applications are created for illegally downloadingĬontent rather, their names appear to imply this purpose.) Names of which seem to appeal to persons who intend to 'rip'. ![]() Among these are applications such as Picture Rippers, Gallery Grabber, iMeMiner, PictoGrab, DeepVacuum, SiteSucker, or WebGrabber, the (‘ripping’) of photographs, audio files, and video files and otherĬontent from virtually any site. Method for archiving also enable fast, high-volume downloading ProfHacker in the Chronicle of Higher Education online featured an article in March 2010 entitled "A Few Ways to Back Up Your Website", which includes information about capturing database content, and about using features from your PC control panel that may help with web back ups. This article focuses on sites remotely hosted by a hosting service. Some may be pursuing ‘cloud’ storage for off site backup. Many organizations use redundant servers to provide instantaneous back up of sites. Perhaps the greatest motivation is for back up, in case of server failure and lost or corrupted files (or accidental destruction or erasure when updating). Libraries, museums, or various information services may be among these clients. Similar to record-keeping, archival may appeal to organizations who simple want to keep previous versions of their site, much like earlier print publications. Web owners may also want to keep records to prove compliance to regulations such as HIPPA (Health Insurance Portability and Accountability Act), FINRA (Financial Industry Regulatory Authority), Sarbanes Oxley (SOX), or FERPA (Family Educational Rights and Privacy Act). ![]() Record keeping might appeal to corporations where content may provide commercial reference for products, services, warranties, features, or liabilities.
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