Legal Question in Technology Law in New York
Web host liability
A major web host was notified by a law enforcement agency 3 times - via email and over the phone - that a website on their server was a fraudulent advance fee scam.
Five days after the most recent notification, the website was still up and a victim lost $875. What recourse does the victim have?
2 Answers from Attorneys
Re: Web host liability
Assuming that the loss was due to the same site the host received notice about, the victim may very well have claims. A review of the relevant ToS/ToU documents would be necessary before a comprehensive advisory could be given.
Re: Web host liability
You would have to defeat the presumption of hosting company limited liability by demonstrating that the host did not act fast enough to shut down the site. Because there are so many of these sites, it would probably be difficult to make this demonstration. Feel free to contact me if you want me to send a demand letter to the host just to see if they will pay you, this isn't much money for most companies.
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