SEC Looks Into Hyperlink Liability

Is there any legal liability inherent in linking? According to a Security and Exchange Commission policy proposal, the regulatory agency thinks companies should be held liable for linking to false or misleading information that could affect the company’s stock price from their website.

In the Eric Goldman worries

such a policy will conflict with existing protections preempting liability for links to third party content under the oft-cited 47 USC 230 of the Communications Decency Act. He also believes the policy guidance treats online media differently from offline.