as usual, IANAL, but this page was written by a Lawyer:

http://www.ericgoldman.org/Articles/websiteliabilityalert.htm

Cooley Godward continues to believe that websites should take steps to avoid knowing their users’ activities and content and, in most cases, reduce indicia of their right and ability to control user behavior and content. Thus, we propose that websites consider the following recommendations:

 

• Do Not Actively Monitor the Website

  Active monitoring of the website will give the website actual or putative knowledge of user conduct and content. Thus, active monitoring creates the possibility that a website will be liable for all user-caused harms except those preempted by the Communications Decency Act’s safe harbor.

• Consider Empowering Independent Contractors to Monitor the Website

  Some websites believe that active monitoring is crucial to their business objectives. In these cases, the websites should have independent contractors do the monitoring. If done properly, the website will not be liable for the independent contractors’ monitoring or knowledge of user content. However, to ensure that the independent contractors will not be deemed agents of the website — in which case this risk management strategy will have failed — the independent contractors must be given the authority necessary to resolve problems they find.

• Respond to Complaints

  Although in general websites should minimize contact with user-generated content, if a website receives a legitimate complaint about user content (and, in the case of copyright infringement, the notice meets the statutory standards), it usually has a duty to respond promptly (unless the claim is preempted by the safe harbor in the Communications Decency Act).

• Review and Update the User Agreement

  Provisions enabling websites to blacklist subscribers or edit content based on subjective or arbitrary standards provide strong evidence of the site’s right and ability to control its users and their content. Thus, user agreements should only prohibit users from engaging in conduct that is illegal or tortious, or that interferes with the technological operation of the site. Further, Congress has specified certain language that should be in a user agreement: (1) to be eligible for the DMCA safe harbors, the user agreement must say that repeat infringers will be terminated, and (2) in a separate statute, Congress required "interactive computer services" to notify their users of the availability of filtering tools.

• Train Employees

  All employees who interact with the website can take legally significant actions that could undermine a risk management strategy. Thus, the website’s risk management strategy should be explained to all employees, and employees responsible for dealing with website problems should be given special training on how to implement the strategy.

• Register with the Copyright Office

  To be eligible for one of the DMCA safe harbors, notice must be filed with the Copyright Office, with the same information placed on the website. For more information, see http://lcweb.loc.gov/copyright/onlinesp/.

TL;DR version: if you are an official agent of the website and you can be proven to have seen the content and did not act on it ... then potentially you could be liable.

as usual, IANAL, but this page was written by a Lawyer:

http://www.ericgoldman.org/Articles/websiteliabilityalert.htm

Cooley Godward continues to believe that websites should take steps to avoid knowing their users’ activities and content and, in most cases, reduce indicia of their right and ability to control user behavior and content. Thus, we propose that websites consider the following recommendations:

• Do Not Actively Monitor the Website

  Active monitoring of the website will give the website actual or putative knowledge of user conduct and content. Thus, active monitoring creates the possibility that a website will be liable for all user-caused harms except those preempted by the Communications Decency Act’s safe harbor.

• Consider Empowering Independent Contractors to Monitor the Website

  Some websites believe that active monitoring is crucial to their business objectives. In these cases, the websites should have independent contractors do the monitoring. If done properly, the website will not be liable for the independent contractors’ monitoring or knowledge of user content. However, to ensure that the independent contractors will not be deemed agents of the website — in which case this risk management strategy will have failed — the independent contractors must be given the authority necessary to resolve problems they find.

• Respond to Complaints

  Although in general websites should minimize contact with user-generated content, if a website receives a legitimate complaint about user content (and, in the case of copyright infringement, the notice meets the statutory standards), it usually has a duty to respond promptly (unless the claim is preempted by the safe harbor in the Communications Decency Act).

• Review and Update the User Agreement

  Provisions enabling websites to blacklist subscribers or edit content based on subjective or arbitrary standards provide strong evidence of the site’s right and ability to control its users and their content. Thus, user agreements should only prohibit users from engaging in conduct that is illegal or tortious, or that interferes with the technological operation of the site. Further, Congress has specified certain language that should be in a user agreement: (1) to be eligible for the DMCA safe harbors, the user agreement must say that repeat infringers will be terminated, and (2) in a separate statute, Congress required "interactive computer services" to notify their users of the availability of filtering tools.

• Train Employees

  All employees who interact with the website can take legally significant actions that could undermine a risk management strategy. Thus, the website’s risk management strategy should be explained to all employees, and employees responsible for dealing with website problems should be given special training on how to implement the strategy.

• Register with the Copyright Office

  To be eligible for one of the DMCA safe harbors, notice must be filed with the Copyright Office, with the same information placed on the website. For more information, see http://lcweb.loc.gov/copyright/onlinesp/.

TL;DR version: if you are an official agent of the website and you can be proven to have seen the content and did not act on it ... then potentially you could be liable.

as usual, IANAL, but this page was written by a Lawyer:

http://www.ericgoldman.org/Articles/websiteliabilityalert.htm

Cooley Godward continues to believe that websites should take steps to avoid knowing their users’ activities and content and, in most cases, reduce indicia of their right and ability to control user behavior and content. Thus, we propose that websites consider the following recommendations:

• Do Not Actively Monitor the Website

  Active monitoring of the website will give the website actual or putative knowledge of user conduct and content. Thus, active monitoring creates the possibility that a website will be liable for all user-caused harms except those preempted by the Communications Decency Act’s safe harbor.

• Consider Empowering Independent Contractors to Monitor the Website

  Some websites believe that active monitoring is crucial to their business objectives. In these cases, the websites should have independent contractors do the monitoring. If done properly, the website will not be liable for the independent contractors’ monitoring or knowledge of user content. However, to ensure that the independent contractors will not be deemed agents of the website — in which case this risk management strategy will have failed—the independent contractors must be given the authority necessary to resolve problems they find.

• Respond to Complaints

  Although in general websites should minimize contact with user-generated content, if a website receives a legitimate complaint about user content (and, in the case of copyright infringement, the notice meets the statutory standards), it usually has a duty to respond promptly (unless the claim is preempted by the safe harbor in the Communications Decency Act).

• Review and Update the User Agreement

  Provisions enabling websites to blacklist subscribers or edit content based on subjective or arbitrary standards provide strong evidence of the site’s right and ability to control its users and their content. Thus, user agreements should only prohibit users from engaging in conduct that is illegal or tortious, or that interferes with the technological operation of the site. Further, Congress has specified certain language that should be in a user agreement: (1) to be eligible for the DMCA safe harbors, the user agreement must say that repeat infringers will be terminated, and (2) in a separate statute, Congress required "interactive computer services" to notify their users of the availability of filtering tools.

• Train Employees

  All employees who interact with the website can take legally significant actions that could undermine a risk management strategy. Thus, the website’s risk management strategy should be explained to all employees, and employees responsible for dealing with website problems should be given special training on how to implement the strategy.

• Register with the Copyright Office

  To be eligible for one of the DMCA safe harbors, notice must be filed with the Copyright Office, with the same information placed on the website. For more information, see http://lcweb.loc.gov/copyright/onlinesp/.

TL;DR version: if you are an official agent of the website and you can be proven to have seen the content and did not act on it ... then potentially you could be liable.

as usual, IANAL, but this page was written by a Lawyer:

http://www.ericgoldman.org/Articles/websiteliabilityalert.htm

Cooley Godward continues to believe that websites should take steps to avoid knowing their users’ activities and content and, in most cases, reduce indicia of their right and ability to control user behavior and content. Thus, we propose that websites consider the following recommendations:

• Do Not Actively Monitor the Website

  Active monitoring of the website will give the website actual or putative knowledge of user conduct and content. Thus, active monitoring creates the possibility that a website will be liable for all user-caused harms except those preempted by the Communications Decency Act’s safe harbor.

• Consider Empowering Independent Contractors to Monitor the Website

  Some websites believe that active monitoring is crucial to their business objectives. In these cases, the websites should have independent contractors do the monitoring. If done properly, the website will not be liable for the independent contractors’ monitoring or knowledge of user content. However, to ensure that the independent contractors will not be deemed agents of the website — in which case this risk management strategy will have failed — the independent contractors must be given the authority necessary to resolve problems they find.

• Respond to Complaints

  Although in general websites should minimize contact with user-generated content, if a website receives a legitimate complaint about user content (and, in the case of copyright infringement, the notice meets the statutory standards), it usually has a duty to respond promptly (unless the claim is preempted by the safe harbor in the Communications Decency Act).

• Review and Update the User Agreement

  Provisions enabling websites to blacklist subscribers or edit content based on subjective or arbitrary standards provide strong evidence of the site’s right and ability to control its users and their content. Thus, user agreements should only prohibit users from engaging in conduct that is illegal or tortious, or that interferes with the technological operation of the site. Further, Congress has specified certain language that should be in a user agreement: (1) to be eligible for the DMCA safe harbors, the user agreement must say that repeat infringers will be terminated, and (2) in a separate statute, Congress required "interactive computer services" to notify their users of the availability of filtering tools.

• Train Employees

  All employees who interact with the website can take legally significant actions that could undermine a risk management strategy. Thus, the website’s risk management strategy should be explained to all employees, and employees responsible for dealing with website problems should be given special training on how to implement the strategy.

• Register with the Copyright Office

  To be eligible for one of the DMCA safe harbors, notice must be filed with the Copyright Office, with the same information placed on the website. For more information, see http://lcweb.loc.gov/copyright/onlinesp/.

TL;DR version: if you are an official agent of the website and you can be proven to have seen the content and did not act on it ... then potentially you could be liable.