Blogger Reciprocal Insurance Exchange
def: A reciprocal insurance exchange is a non-profit organization of individuals, commonly termed subscribers, who mutually insure one another while each separately assumes his or her share of each risk. Its chief administrator is an attorney-in-fact.
The rationale behind a reciprocal insurance exchange is for individuals, who could not otherwise afford insurance, to pool together to establish an insurance coverage policy in a reciprocal agreement.
The agreement is designed to cover specific areas of liability common to a particular industry. In this case coverage for libel, copyright infringement, claims arising out of privacy, plagiarism, piracy and would provide members immediate access to counsel.
I believe this may already be in operation in the newspaper industry in Canada and lawyers in Texas and is probably a better model for the blogosphere than a legal defense society. I also think it should be limited to defense and not indemnity.
If anyone has set one up or acted as attorney in fact please contact me.
update: look at these comments to my post by RiskProf.
The rationale behind a reciprocal insurance exchange is for individuals, who could not otherwise afford insurance, to pool together to establish an insurance coverage policy in a reciprocal agreement.
The agreement is designed to cover specific areas of liability common to a particular industry. In this case coverage for libel, copyright infringement, claims arising out of privacy, plagiarism, piracy and would provide members immediate access to counsel.
I believe this may already be in operation in the newspaper industry in Canada and lawyers in Texas and is probably a better model for the blogosphere than a legal defense society. I also think it should be limited to defense and not indemnity.
If anyone has set one up or acted as attorney in fact please contact me.
update: look at these comments to my post by RiskProf.
2 Comments:
Perhaps this is part of the value add that hosted blog providers (e.g. Typepad, Blogspot, Blogware, LiveJournal) can offer-- access to lawyer who is employed to give advice about C&D letters and help with responses and referrals to outside counsel. This approach has at least two drawbacks: 1. it's not likely to be revenue-positive for blog service providers. 2. potential ethical conflicts for such lawyers. Might this also create secondary liability for the hosting provider?
Just some idle thoughts...
I would definitely advise the cms and host providers against it. Too much potential liability and then they might limit what can be said and posted etc.
I think a reciprocal exchange on a non litigation defense basis or as Denise recommends - pre-paid legal services and using Chilling Effects etc. is a great way to go.
Of course, Cardozo and Brooklyn could always team up and create a Blogger Resource Center where law students could get their feet wet providing legal services -- kind of like Volunteer Lawyers for the Arts.
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