Illegal activities, preventative technologies & ISP immunity: where should the buck stop?
Conference paper
George, C. 2008. Illegal activities, preventative technologies & ISP immunity: where should the buck stop? BILETA 2008: the 23rd annual conference. Glasgow Caledonian University 27 - 28 Mar 2008
Type | Conference paper |
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Title | Illegal activities, preventative technologies & ISP immunity: where should the buck stop? |
Authors | George, C. |
Abstract | The Electronic Commerce Directive sets out rules regarding the liability of Internet Service Providers (ISPs) in the European Union. Under these rules, three categories of increasing liability exist, namely being a mere conduit, caching and hosting. As a mere conduit an ISP is not liable for damages or any criminal sanction as a result of a transmission (of content) where the ISP does not initiate the transmission, did not select the receiver of the transmission and did not select or modify the information contained in the transmission. Where an ISP is involved in caching, it is also not liable for damages or any criminal sanction resulting from the transmission of content, subject to compliance with certain rules such as not modifying the information (in the transmission), and complying with conditions on access to that information. ISPs that host content are not liable for damages or any criminal sanction as a result of the storage of illegal content unless they are aware of such content and fail to remove it. Finally the law does not impose a general obligation on ISPs to monitor any information transmitted or stored, neither is there a general obligation to actively seek out illegal activity. |
Research Group | Artificial Intelligence group |
Aspects of Law and Ethics Related to Technology group | |
Conference | BILETA 2008: the 23rd annual conference |
Publication process dates | |
Deposited | 30 Apr 2010 |
Output status | Published |
Language | English |
https://repository.mdx.ac.uk/item/82932
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