Laws or regulations running a website in the US; "about" page

[fbormann]

Hello Everybody,

I am running a website on a virtual private server (VPS) located in Chicago, IL. My VPS host provider's terms and conditions have recently been updated adding a requirement to list name and address of the person operating a website off any of their services if so required by applicable law. Essentially, having an "about" page; they are calling it an imprint (essentially a concept common to German speaking countries).

Are there any such requirements in terms of statement of owner- and authorship for running a website in the US? Would that be federal or state law? If so, where might I find information about what the exact requirements are?

I am a Canadian resident, the website itself is non-commercial, targeted at a Canadian audience and run under a .ca domain.

Thanks,
Frank

 

[quincy]

Hello Everybody,

I am running a website on a virtual private server (VPS) located in Chicago, IL. My VPS host provider's terms and conditions have recently been updated adding a requirement to list name and address of the person operating a website off any of their services if so required by applicable law. Essentially, having an "about" page; they are calling it an imprint (essentially a concept common to German speaking countries).

Are there any such requirements in terms of statement of owner- and authorship for running a website in the US? Would that be federal or state law? If so, where might I find information about what the exact requirements are?

I am a Canadian resident, the website itself is non-commercial, targeted at a Canadian audience and run under a .ca domain.

Thanks,
Frank

The laws of Canada will be the laws that apply to you and your website.

Because of the laws in Canada, it appears you will need to meet your host provider's updated terms and conditions for your website - but you can and should verify this with an attorney in your area.

FreeAdvice handles US law questions and legal concerns only.

 

[fbormann]

Hi Quincy,

First of all, thank you for your answer. Just to confirm, are you saying that hosting the website on a server located in the US does NOT subject me to US laws or regulations at all? Just having a hard time believing that.

Thanks again,
Frank

 

[quincy]

Hi Quincy,

First of all, thank you for your answer. Just to confirm, are you saying that hosting the website on a server located in the US does NOT subject me to US laws or regulations at all? Just having a hard time believing that.

Thanks again,
Frank

If your server is located in the US, the server is subject to US laws, with the Patriot Act the one that seems to concern people the most (although Canada has similar counter-terrorism laws). Even though any data kept in the US is subject to seizure by the US government under the Act, a compelling interest in the data must be shown and jurisdiction must be proved.

Jurisdiction over any data/website files stored on a US server will favor Canada if the location of the content provider and the end users are in Canada, which in your described situation would be the case. Canadian courts have given little weight to the server location. What Canadian courts have looked at is what is called "the real and substantial connection" rather than where the transmission takes place.

So, Canada would (more than likely) assert jurisdiction over any website claims that arose over your content, if the name and address of the website owner shows that the owner is located in and operating the website out of Canada even though the server is in the US.

If a legal action arises over your content, Canadian laws are the ones that will be of most concern to you, so you should consult with an attorney in your area.