Journal of Information, Law and Technology

Referencing and Citation of Internet Resources – ‘The Truth is out There’

Pearl Rozenberg
University of Sydney

p.rozenberg@econ.usyd.edu.au

Delivered at the 2nd AustLII Conference on Computerisation of Law via the Internet, Australasian Legal Information Institute (AustLII), University of Technology, Sydney, Australia, 21-23 July 1999.

This is a commentary published on: 29 February 2000

Citation: Rozenberg P, 'Referencing and Citation of Internet Resources – ‘The Truth is out There’', Commentary, 2000 (1) The Journal of Information, Law and Technology (JILT). <http://www.law.warwick.ac.uk/jilt/00-1/rozenberg.html>

1. Introduction
With the increase in the use of electronic resources, the question of what, as well as how, to cite and reference these materials arises. At first there were no standards – it was a free for all. Soon after, initial guides were published which were followed by calls to attempt to generate a uniform style of citing these resources.

Has the plethora of different styles and rules that we cope with in relation to print sources been avoided for electronic information? Has any uniformity developed – either fully or at least of broad principles? Or have we reached the same confusing and contradictory position that we had all hoped to avoid? Following the lead of the televised documentary that investigates the strange and unreal, this paper seeks to assess what has happened since those early calls for uniformity. ‘The truth is out there’!

The paper will first examine the major published guides to legal citation. It will then consider the smaller individual guides, such as individual law reviews or law faculty guides. The paper will also study the non-legal citation guides. These guides are very widely accepted and, as they give rules as to legal citation, should be included in this investigation. Numerous different guides have been developed – as is evident from the lengthy list of guides available for study. The paper will conclude by analysing the reasons for the broad divergence that has arisen and attempt to locate any general areas of agreement.

2. The Major Legal Published Guides
There are a very large number of guides for citation and referencing. Seeking to limit the number to a reasonable study, the ‘major legal’ published guides include:

•	French D, How to Cite Legal Authorities (London: Blackstone Press, 1996).

•	Harvard Law Review Association, The Bluebook: A Uniform System of Citation (Cambridge: HLRA, 1996, 16th ed).

•	University of Chicago Manual of Legal Citation (Rochester: Lawyers Cooperative Publishing, 1989).

•	McGill Law Review, Canadian Guide to Uniform Legal Citation (Montreal: Carswell, 1998, 4th ed).

Within Australia, there have been no major generally accepted guides, beyond the guides published individually by each journal or faculty. In 1998, four general guides were published. Until market forces serve to distinguish between the guides, all the published Australian guides will be added to the major published category. These guides are:

•	Fong C, Australian Legal Citation – A Guide (Sydney: Prospect, 1998).

•	Melbourne University Law Review Association Inc, Australian Guide to Legal Citation (Melbourne: LULRA Inc, 1999). Also available at <http://www.law.unimelb.edu.au/mulr/aglc.htm>.

•	Rozenberg P, Australian Guide to Uniform Legal Citation (Sydney: LBC Information Services, 1998). A preliminary version of the electronic materials section available at <http://www.murdoch.edu.au/elaw/issues/v4n4/rozenb44.html>.

•	Stuhmcke A, Legal Referencing (Sydney: Butterworths, 1998).

In itself, that there is such a large list of different guides does not bode well for a uniformity of styles developing. An examination of the individual styles shows marked differences in approach to electronic materials. On the one hand, the Bluebook strongly recommends against using any electronic reference materials, while other guides give such materials full acceptance and detailed rules. Of those with rules, the rules given vary in what is required to be given and how it should be presented. For instance, most, but not all, recommend enclosing URLs in angle brackets. The majority require a date of visit to be given. On major principles of electronic citation there is majority similarity.

This majority similarity in broad principle is lost when detailed aspects are considered. The order in which items within the citation should be presented varies, as does, quite markedly, rules as to comma placement (or non placement), initialling (or not) of names, use and placement of full stops and so on. The table at the end of this paper illustrates the differences. These detailed issues, while minute in themselves, translate into major changes of form each time a change in citation style is imposed. 

Despite calls for uniformity, no uniformity has arisen when existing styles are studied. The only area where uniformity is evident is in the area of citation of cases for those courts which have specified particular media and vendor neutral styles.. For that subset of cases, there is an externally imposed uniformity. 

3. Other Legal Citation Guides
There are many more citation guides serving specific groups such as individual journals or faculties. Some of these include:

•	Martin P, ‘Introduction to Basic Legal Citation’ (1997-98 ed.) (Cornell Law School) <http://www.law.cornell.edu/citation/citation.table.html> (10 June 1999).

•	‘Florida Style Manual’, 4th ed, (1997) Florida State University Law Review 507 – 575.

•	Cunningham MA, ‘Guide to Louisiana and selected French legal materials and citation’ (1993) 67 Tulane Law Review 1305 – 56.

•	‘A Citation Manual for European Community Materials: second annual edition’ (1996) 19 Fordham International Law Journal 694 – 711.

•	Queens University, Law Faculty, ‘Legal Citation’ (1997 version) <http://qsilver.queensu.ca/law/legalcit.htm> (10 June 1999).

•	ls48Bohill R, ‘Electronic Citation Guide for Legal Resources’ <http://law.anu.edu.au/nglrw/lr3.htm> (10 June 1999).

•	Murdoch University Library, ‘Legal Citation Guide’ (version 1996) <http://carmen.murdoch.edu.au/~zariski/citation.html#b4l> (10 June 1999).

•	‘Modes of Citation’, <http://www.ncl.ac.uk/nuls/lectures/legwrit/citation.htm>.

The same lack of uniformity evident among the major guides is shown in the smaller guides. In fact, the differences in the more detailed matters show far greater variation than the major legal guides. 

The differences are all differences of detail that can be traced to the original paper based style used. These specific purpose guides had developed their own unique style guides that suited their own purposes. When they added a section for electronic materials, they generally just modified the existing unique style and so carried forward the differences into the electronic area.

4. The Major Non-Legal Citation Guides
While there will be debate concerning which guides should be included in this section, at least the following will have general agreement.

•	The American Psychological Association Publication Manual of the American Psychological Association (APA Guide). Presently publishing new edition which will include Internet referencing so nothing available on official site. Unofficial site by authors of the electronic amendments of the APA Guide. <http://www.uvm.edu/~xli/reference/apa.html> (10 June 1999) or Land T, ‘Web Extension to American Psychological Association Style (WEAPAS)’ (Rev. 1.6) <http://www.beadsland.com/weapas/> (10 June 1999).

•	The Modern Language Association Guide The MLA Handbook for Writers of Research Papers (MLA Guide). Official Web site for the MLA which gives the Internet rules <http://www.mla.org/main_stl.htm> (10 June 1999).

•	Chicago Manual of Style, Fourteenth Edition (Chicago: University of Chicago Press, 1993).

•	Karen Patrias, National Library of Medicine Recommended Formats for Bibliographic Citation (Bethesda, MD: U.S. Department of Health and Human Services, 1991).

•	ISO, International Standard ISO 690-2 Information and documentation -- Bibliographic references -- Part 2: Electronic documents or parts thereof. Excerpts printed on the WWW, (version 1999) <http://www.nlcbnc.ca/iso/tc46sc9/standard/690-2e.htm> (10 June 1999).

Stand alone guides which are published independent of a major organisation include:

•	Walker J, The Columbia Guide to Online Style (New York: Columbia University Press, 1998).

•	Li X and Crane N, Electronic Styles: A Handbook for Citing Electronic Information (Medford: Information Today, 1996).

•	Harnack A and Kleppinger E, Online!: A Reference Guide to Using Internet Sources (New York: St. Martin's Press, 1997).

In addition, there are subject specific guides – such as citation of comic art. For instance

•	Ellis A, Popular Culture Association ‘Comic Art in Scholarly Writing: A citation guide’ <http://www.sp.uconn.edu/~epk93002/CAC/cite.html> (10 June 1999).

The major guides are in the process of publishing full guides, while the stand alone guides have already published their guidelines for Internet citation. There is absolutely no uniformity shown among the major non legal guides as the following example shows:

ISO Format (International Standards Organization): 
Robinson, Bruce. End of the World Predictions [online] [Kingston, Canada] Ontario Consultants on Religious Tolerance, [published 1996-07-19],[revised 1998-10-10], and [cited 1998-10-12]. Available from Internet: <URL:http://www.religioustolerance.org/end_wrld.htm>

APA Format (American Psychological Association):
Robinson, Bruce. (1996, July 19). End of the World Predictions. [Online] In Ontario Consultants on Religious Tolerance. Available: http://www.religioustolerance.org/end_wrld.htm [1998, Oct 12]

MLA Format (Modern Language Association) 
Robinson, Bruce A, ‘End of the World Predictions’ Ontario Consultants on Religious Tolerance, 1998. http://www.religioustolerance.org/end_wrld.htm (1998-OCT-12)

Li and Crane
Robinson, B. (1986). End of the World Predictions. In Ontario Consultants on Religious Tolerance, [Online]. Available: URL: http://www.religioustolerance.org/end_wrld.htm

5. Other Non-Legal Citation Guides
There are very many guides for particular purposes. Locations of ‘gateway’ sites, that is sites that list numerous sites on a topic, include:

•	The Internet Public Library ‘Citing Electronic Resources’ (version 1998) <http://www.ipl.org/ref/QUE/FARQ/netciteFARQ.html> (10 June 1999).

•	International Federation of Library Associations and Institutions, ‘Citation Guides for Electronic Resources’ <http://www.ifla.org/I/training/citation/citing.htm> 10 June 1999).

•	Purdue University Online Writing Law, ‘Resources for Writers: Documenting electronic Sources’ (version 1999) <http://owl.english.purdue.edu/writers/documenting.html> (10 June 1999).

•	University of Sydney, ‘Citing electronic resources’ <http://itt.library.usyd.edu.au/imagemap/internet98/UG/citing.html> (15 Apr 1999).

•	Emory University, ‘A Field Guide to Sources on, About, and on the Internet’ (1997) <http://www.cc.emory.edu/WHSCL/citation.formats.html> (10 June 1999).

A review of these sites and the citation guides they describe reveals absolutely no uniformity of style. The further one looks the more styles emerge.

6. Coming up for Air: A Conclusion?
Having delved into the depths of citation style, one is left gasping for air, reeling with shock and surprised at the general murkiness of those depths. There is no uniformity at all within any of the guides. No common standard has appeared and it would appear no chance of one doing so in the future.

For an area where only three years ago there was nothing so that the proverbial ‘clean slate’ was available, the question raised is why has no uniformity developed. Calls had been raised to develop a common standard yet nothing resulted.

The review of all the styles carried out, particularly when the styles are compared back to the styles for paper based citation shows that especially for the Law Review and major non-legal styles, the existing style was simply modified and carried through to the new mediums. Each style had been developed independently to serve individual needs. Whether those needs still hold or maintenance of the style was paramount, instead of developing something new, the older version was used. As a result, the same situation of numerous contradictory styles as exists with paper based citation has arisen with electronic and Internet citation. 

Uniformity has developed in some areas. This is largely due to two reasons. The first is an externally imposed uniformity. The courts are beginning to take control and specify clearly what the new citation styles should be for their own materials. In Australia, the High Court consulted widely and then developed its own style for Internet citation. It then imposed this style by requiring it be used. The Canadian courts have also developed a common style. 

The second way in which some uniformity is developing has been through attempts at collaboration and common standard setting. This is occurring at two levels. One is an informal level where a new guide will be developed by looking to existing guides and adopting one. In a more formal process, organisations such as the American Library Association are attempting to develop guides. While this will develop a better guide, it seems most likely that once published it will be just one more guide available for choice and no closer to a uniform standard. 

Is there any chance of a common style developing? It seems unlikely given the way the multitude developed that suddenly the individual interests will abate. The better question is whether common elements will at least be accepted into all styles, even if minute differences remain. Items such as angle brackets to enclose the URL and date of access will allow readers to at least have a common platform when reading citations and so know instantly which part of the citation is which.

No Mulder. It’s not a conspiracy. It’s just a mess.

Appendix

MATERIAL	GUIDE	Recommended citation from the major legal guides – same example used for comparison
	UK guide	No rules given.
	Bluebook	“Because of the transient nature of many Internet sources, citation to Internet sources is discouraged unless the materials are unavailable in printed form or are difficult to obtain in their original form.” No suggestions given for electronic material.
	McGill	If paper version exists: William Shakespeare, The Complete Works of William Shakespeare, :Romeo and Juliet, (London: Mody), online: MIT <http://wwwtech.mit.edu/Shakespeare/tragedy/romeo
andjuliet/romeoandjuliet.html > (last modified 9 December 1996)..
If no paper version: Sidorko P, An Introduction to Legal Research, <http://wwwlib.newcastle.edu.au/
faculty/law/intro.html> (date accessed: 7 May 1998).
BOOK	Fong	No specific rule. Reference to general Internet rule produces: Shakespeare W, The complete works of william shakespeare: Romeo and juliet 1996, <http://www-tech.mit.edu/Shakespeare/tragedy/
romeoandjuliet/romeoandjuliet.html> (10 June 1999)
	Melb Law Rev	No rule given.
	Rozenberg	If paper version exists: Shakespeare W, The Complete Works of William Shakespeare :Romeo and Juliet, (London: Mody): < http://www-tech.mit.edu/Shakespeare/tragedy/romeoandjuliet/
romeoandjuliet.html > (7 May 1998)..
If no paper version exists: Sidorko P, An Introduction to Legal Research <http://wwwlib.newcastle.
edu.au/faculty/law/intro.html> (7 May 1998).
	Stuhmcke	No rule given but recommended should cite to version used. Thus using general rule: Shakespeare W, ‘Romeo and Juliet’ ‘Complete Works of William Shakespeare’ 1996 http://www-tech.mit.edu/Shakespeare/tragedy/romeoandjuliet/romeoandjuliet.html > (7/5/98).

MATERIAL	GUIDE	Recommended citation from the major legal guides – same example used for comparison
	UK guide	No rules given.
	Bluebook	Do not use. “Because of the transient nature of many Internet sources, citation to Internet sources is discouraged unless the materials are unavailable in printed form or are difficult to obtain in their original form.”
For electronic journals: Dan L. Burk, Trademarks Along the Infobahn: A First Look at the Emerging Law of Cybermarks, 1 Rich. J.L. & Tech. 1, 12 (Apr. 10, 1995) http://www.urich.edu/~jolt/vlil/burk.html. 
	McGill	Dan Burk. “Trademarks Along the Infobahn: A First Look at the Emerging Law of Cybermarks” (1995) 1 Rich. J.L. & Tech. 1, online: Richmond Journal of Law and Technology <http://www.urich.
edu/~jolt/vlil/burk.html>(date accessed: 6 June 1998). 
JOURNAL	Fong	If paper version exists, cite to either paper or electronic version. Sully B, Judicial independence under the charter of rights. Australian snapshot – Canadian Camera (1997) 1 Mac LR 1-40 OR Sully B, Judicial independence under the charter of rights. Australian snapshot – Canadian Camera <http://
libweb.macarthur.uws.edu.au/maclr.htm>
If only electronic version: Burk D, Trademarks along the infobahn: A first look at the emerging law of cybermarks <http://www.urich.edu/~jolt/vlil/burk.html>
	Melb Law Rev	If paper version exists, cite to paper version.
If no paper version : Dan Burk, ‘Trademarks Along the Infobahn: A First Look at the Emerging Law of Cybermarks’(1995) 1 Rich. J.L. & Tech. 1 <http://www.urich.edu/~jolt/vlil/burk.html>.
	Rozenberg	If paper version exists: Sully B, Judicial independence under the charter of rights. Australian snapshot – Canadian Camera (1997) 1 Mac LR 1-40: <http://libweb.macarthur.uws.edu.au/maclr.htm>(6 June 1998)
If no paper version exists: Burk D, Trademarks Along the Infobahn: A First Look at the Emerging Law of Cybermarks (1995) JOLT <http://www.urich.edu/~jolt/vlil/burk.html> (6 June 1998).
	Stuhmcke	No rule given but recommended should cite to version used. Thus using general rule: Burk D, Trademarks Along the Infobahn: A First Look at the Emerging Law of Cybermarks 1995 <http://www.urich.edu/~jolt/vlil/burk.html> (6/6/98).

MATERIAL	GUIDE	Recommended citation from the major legal guides – same example used for comparison
	UK guide	No rules given.
	Bluebook	Do not use Internet version. Because of the transient nature of many Internet sources, citation to Internet sources is discouraged unless the materials are unavailable in printed form or are difficult to obtain in their original form.
	McGill	Trade Practices Act (Cth) 1974 s52, online: AustLII <http://www.austlii.edu.au/legis/cth/consol_act/
tpa1974/s52.html> (date accessed:10 February 1998).
Legislation	Fong	Trade Practices Act (Cth) 1974 s52: Source: AustLII <http://www.austlii.edu.au/legis/cth/consol_act/
tpa1974/s52.html> (10 Feb 1998).
	Melb Law Rev	No rule given.
	Rozenberg	Either: Trade Practices Act (Cth) 1974 s52: <http://www.austlii.edu.au/legis/cth/consol_act/
tpa1974/s52.html> (10 Feb 1998). OR Trade Practices Act (Cth) 1974 s52.
	Stuhmcke	Trade Practices Act (Cth) 1974 s52: <http://www.austlii.edu.au/legis/cth/consol_act/tpa1974/
s52.html> (10/2/98)

MATERIAL	GUIDE	Recommended citation from the major legal guides – same example used for comparison
	UK guide	No rules given.
	Bluebook	Do not use. “Because of the transient nature of many Internet sources, citation to Internet sources is discouraged unless the materials are unavailable in printed form or are difficult to obtain in their original form.”
	McGill	The Commonwealth of Australia v Tasmania (1983) 158 CLR 1, online: AustLII <http://www.austlii.edu.au/au/cases/cth/high_ct/158clr1.html> (date accessed: 5 September 1997).
CASES	Fong	Reported: Appears to suggest use of paper version.
Unreported: Discussion of these but no rules or example given.
	Melb Law Rev	Reported: Use paper version
Unreported, pre medium neutral citation: Georg Rudolf Dirr v R (Unreported, Northern Territory Supreme Court, 25 July 1997) <http:www.austlii.edu.au/au/cases/nt/supreme_ct/unrep973.html> at 25 May 1997 (Copy on file with author).
Unreported, medium neutral: The Hancock Family Memorial Foundation v Porteous & Anor [1999] WASC 55, Unreported, 10 June 1999) <http://www.austlii.edu.au/au/cases/wa/WASC/
1999/55.html> at 10 June 1999 (Copy on file with author).
	Rozenberg	Reported, pre medium neutral or court not using: The Commonwealth of Australia v Tasmania (1983) 158 CLR 1: <http://www.austlii.edu.au/au/cases/cth/high_ct/158clr1.html> (5 Sept 1997).
Reported, cases under medium neutral citation: Use official paper version.
Unreported, pre medium neutral or court not using: Georg Rudolf Dirr v R, Unreported NT SC No CA5 1997 :<http:www.austlii.edu.au/au/cases/nt/supreme_ct/unrep973.html> (25 May 1997)
Unreported, cases under medium neutral citation: The Hancock Family Memorial Foundation v Porteous & Anor [1999] WASC 55.
	Stuhmcke	Published while medium neutral in experimental stage. Describes it but gives no rules as to use.
Georg Rudolf Dirr v R, Unreported Northern Territory Supreme Court Decision No CA5 of 1997 14/3/1997 <http:www.austlii.edu.au/au/cases/nt/supreme_ct/unrep973.html> (25/5/97)

MATERIAL	GUIDE	Recommended citation from the major legal guides – same example used for comparison
	UK guide	No rules.
	Bluebook	Scott Adams, The Dilbert Zone (visited Jan. 20, 1996) http://www.unitedmedia.com/comics/dilbert.
	McGill	Scott Adams, The Dilbert Zone , online: Comic Explorer <http://www.unitedmedia.com/comics/
dilbert> (date accessed: 20 January 1996).
WEB SITE	Fong	Adams S, “The Dilbert Zone”, Comic Explorer <http://www.unitedmedia.com/comics/
dilbert> (20 January 1996).
	Melb Law Rev	No rule given
	Rozenberg	Adams S, ‘The Dilbert Zone’ <http://www.unitedmedia.com/comics/dilbert> (20 Jan 1996).
	Stuhmcke	Adams S, “The Dilbert Zone”, Comic Explorer <http://www.unitedmedia.com/comics/
dilbert> (20 January 1996).

MATERIAL	GUIDE	Recommended citation from the major legal guides – same example used for comparison
	UK guide	No rules.
	Bluebook	No rules.
	McGill 	No rule apparent
EMAIL	Fong	Greenbaum A, ‘Greetings’ <pearl@law.usyd.edu.au> 27 Aug 1997.
	Melb Law Rev	Abe Greenbaum, <a.greenbaum@unsw.edu.au>, email 27 August 1997.
	Rozenberg	Greenbaum A, ‘Greetings’ 27 Aug 1997 <a.greenabum@unsw.edu.au> (28 Aug 1997).
	Stuhmcke	Greenbaum A, <a.greenbaum@unsw.edu.au> “Greetings” 27 August 1997 Personal email (28/8/97)

MATERIAL	GUIDE	Recommended citation from the major legal guides – same example used for comparison
	UK guide	No rules.
	Bluebook	No rules.
Newsgroups	McGill	No rule apparent 
Bulletin Boards Fong	Description but no clear rules.
	Melb Law Rev	John Smith <jsmith@mail.com.au>, ‘Citation Issues’, newsgroup <misc.legal.moderated>, (2 January 1998).
	Rozenberg	Smith J, <jsmith@mail.com.au>, ‘Citation Issues’ 1 Jan 1998 <misc.legal.moderated>, (2 January 1998).
	Stuhmcke	Smith J <jsmith@mail.com.au>, ‘Citation Issues’ 1/1/98 <misc.legal.moderated>, (2/1/98).