Regulating Website Access for Automated Means Such as Search Bots and Agents: Property or Contract?

Contemporary Issues in Law, Vol. 7, No. 4, pp. 360-374, 2005/2006

19 Pages Posted: 15 Aug 2007 Last revised: 7 Mar 2022

See all articles by Martine Boonk

Martine Boonk

Open Universiteit Nederland

Arno R. Lodder

Vrije Universiteit - Amsterdam Law and Technology Institute, alti.amsterdam

Abstract

This paper deals with legal issues concerning website access for software agents, notably the question how terms and conditions on a website can be presented in such a way that software agents and other automated programs exploring the internet can adhere to them. We discuss the technology behind requesting website content, and indicate for what reasons website owners regulate access to their web sites.

The core of the paper analyses the legal grounds for applying terms and conditions to websites: property rights and contractual duties. In our discussion we take into account the theory of browse-wrap licenses and case law from both Common Law and Civil Law countries. We also argue that under specific circumstances, the mere visiting of a website may constitute a contract.

The question as to whether what holds for human users also holds for automated means is given special attention. Finally, we introduce ways to more effectively regulate website access for automated means.

Keywords: website access, property, contract, search bots, agents

JEL Classification: K10, K11, K12

Suggested Citation

Boonk, Martine and Lodder, Arno R., Regulating Website Access for Automated Means Such as Search Bots and Agents: Property or Contract?. Contemporary Issues in Law, Vol. 7, No. 4, pp. 360-374, 2005/2006, Available at SSRN: https://ssrn.com/abstract=1007183

Martine Boonk (Contact Author)

Open Universiteit Nederland ( email )

P.O. Box 2960
Heerlen 6401DL
Netherlands

Arno R. Lodder

Vrije Universiteit - Amsterdam Law and Technology Institute, alti.amsterdam ( email )

De Boelelaan 1105
Amsterdam, 1081HV
Netherlands

HOME PAGE: http://alti.amsterdam

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