NEWS
  Radio 

 REVIEWS
  Hot list 
  Just in 
  All comparisons 
  CD-ROM central 
  Best of the Web 

 FEATURES
  Techno 
  How to 
  Digital life 

 GAMECENTER
  Gaming news 
  Shoot-outs 
  Gaming guides 
  Exclusives! 
  Reviews 
  Sneak peeks 

 PERSONALITIES
  Douglas Rushkoff 
  Christopher Barr 
  Rafe Needleman 
  Movers & shakers 

 CNET TV
  The shows 
  The hosts 
  Air times 

 COMMUNITY
  About CNET 
  Feedback 
  Live studio cam 
  Member services 
  Posting 
  Today's poll 
  CNET jobs 

 RESOURCES
  Software central 
  Glossary 
  Product finder 

 HELP

 NEWS.COM
 SEARCH.COM
 SHAREWARE.COM

  Hot deals 
  CNET store  
  Sponsors 

rogue Web sites: the battle over online protest by David Gurien Protest has always been part of the fabric of America. In the past, those who wanted to air a beef against a company or organization were essentially restricted to street demonstrations and leafleting. But with the advent of the Internet, protesters have gained an inexpensive, far-reaching, and public medium where they can voice their complaints. the rapid growth of rogue sites Those familiar with protest sites--or rogue sites--say the Internet is rapidly becoming a very fertile ground for the disgruntled. "My feeling is that they are growing exponentially every single day," says Don Middleberg, CEO of Middleberg & Associates, a New York-based public relations firm that represents corporations under Internet attack. "A year ago there were none, now there are hundreds, and in six months, there will probably be thousands." Rogue Web sites was first rocketed to public attention with the creation of the Kmart Sux site. Other prominent sites include Flaming Fords, McSpotlight, and Intel Secrets. legal pressures to redesign offensive sites The Kmart Sux site was created by a Brandeis University student who says that he worked at a Kmart store. His Web site contains several pages of text blasting Kmart's operations, and it displayed Kmart's trademarked red K logo. The author says Kmart contacted his Brandeis Webmaster--rather than him--allegedly demanding that the logo be removed. The student claims that his Webmaster then contacted him and threatened to drop his site if he didn't stop using the logo. As a result of this pressure, he changed the K to an X and the color from red to blue. "We have seen many cases where companies will file suits having to do with trademark infringement, copyright protection, or trade secrets and will go after the individuals," says Lori Fena, executive director of the Electronic Frontier Foundation (EFF). In another prominent case, the author of the Intel Secrets site is a former Intel employee whose site points out what he says are deficiencies in Intel products. He says the company has responded to his site by investigating him for possible trademark infringement, revealing trade secrets, and violating a nondisclosure agreement he says he never signed. Despite his proclaimed innocence, he too stopped using the corporation's logo. free speech: companies vs. Webmasters For many observers, the Kmart Sux and Intel Secrets cases--and the others that have followed--raise significant questions about the free speech rights of Webmasters vs. the rights of companies to protect their property. According to the First Amendment--and upheld by recent Supreme Court decisions--speech that is strictly opinion and presentations that are clearly parody are protected. But whether or not the Webmaster is acting within his or her rights, the mere threat of a long and costly court fight may be enough to intimidate some. As Fena points out, "Usually, the individuals don't have the legal or financial resources to fight a company that's coming after them." That's one reason why both Middleberg and Fena recommend dialogue over confrontation. Both urge the offended companies to get in touch with the author of the rogue site and try to reach a compromise. Middleberg cites one such case in which both sides agreed to create links to one another's sites, giving readers quick access to the other's point of view. From Middleberg's perspective, bringing in attorneys first is simply bad public relations, and it can backfire on the company. "It's a new generation, a new way to communicate, and it calls for a new way to deal with these problems." For Fena, nurturing and protecting free speech on the Internet for everyone is the main focus of the EFF's efforts. David Gurien is a consulting producer for CNET TV.