The Responsibilities of Online Service Providers

The Responsibilities of Online Service Providers PDF

Author: Mariarosaria Taddeo

Publisher: Springer

Published: 2017-01-27

Total Pages: 339

ISBN-13: 3319478524

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This volume focuses on the responsibilities of online service providers (OSPs) in contemporary societies. It examines the complexity and global dimensions of the rapidly evolving and serious challenges posed by the exponential development of Internet services and resources. It looks at the major actors – such as Facebook, Google, Twitter, and Yahoo! – and their significant influence on the informational environment and users’ interactions within it, as well as the responsibilities and liabilities such influence entails. It discusses the position of OSPs as information gatekeepers and how they have gone from offering connecting and information-sharing services to paying members to providing open, free infrastructure and applications that facilitate digital expression and the communication of information. The book seeks consensus on the principles that should shape OSPs’ responsibilities and practices, taking into account business ethics and policies. Finally, it discusses the rights of users and international regulations that are in place or currently lacking.

The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US

The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US PDF

Author: Folkert Wilman

Publisher: Edward Elgar Publishing

Published: 2020-11-27

Total Pages: 409

ISBN-13: 183910483X

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Featuring foreword from Maciej Szpunar, First Advocate General at the Court of Justice of the European Union and Professor at the University of Silesia in Katowice This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users’ rights.

Internet Service Provider Liability for Copyright and Trade Mark Infringement

Internet Service Provider Liability for Copyright and Trade Mark Infringement PDF

Author: Zoi Krokida

Publisher: Bloomsbury Publishing

Published: 2022-06-16

Total Pages: 359

ISBN-13: 1509948538

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This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

Oxford Handbook of Online Intermediary Liability

Oxford Handbook of Online Intermediary Liability PDF

Author: Giancarlo Frosio

Publisher: Oxford University Press

Published: 2020-05-04

Total Pages: 801

ISBN-13: 0192573985

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To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.

Cybersecurity in Poland

Cybersecurity in Poland PDF

Author: Katarzyna Chałubińska-Jentkiewicz

Publisher: Springer Nature

Published: 2022

Total Pages: 506

ISBN-13: 3030785513

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This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland. .

The EU Digital Services Act

The EU Digital Services Act PDF

Author: Folkert Wilman

Publisher: Oxford University Press

Published: 2024-08-01

Total Pages: 625

ISBN-13: 0198892853

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The EU Regulation on a Single Market for Digital Services (Digital Services Act, the 'DSA') is a comprehensive legal framework to regulate digital services and to tackle illegal activity online across the European Union. The DSA represents one of the main pillars of the EU's reform of the digital single market. It applies horizontally to online intermediaries operating in the EU, including online platforms such as social media, video-sharing platforms, online marketplaces, and search engines. The EU Digital Services Act: A Commentary serves as a reference work on the DSA, written by experts who have been closely involved in all steps of the law-making process, from the preparation of the proposal to the final negotiations, as well as its subsequent elaboration and application. This commentary provides a comprehensive article-by-article analysis that will allow the reader to navigate the provisions of this new, complex legal act. While being novel, the DSA does not enter a completely unchartered territory: numerous provisions draw inspiration from, or are applied together with, the provisions of other Acts and areas of EU law. This Commentary explores the jurisprudential origins of the provisions of the DSA and their articulation with other EU Acts, which will be essential for its interpretation and application. With a foreword by Maciej Szpunar, the First Advocate General at the EU Court of Justice, The EU Digital Services Act: A Commentary strikes a balance between a practical commentary and an academic analysis, and is aimed at legal practitioners, academics, and public authorities.

Research Handbook on EU Internet Law

Research Handbook on EU Internet Law PDF

Author: Andrej Savin

Publisher: Edward Elgar Publishing

Published: 2023-10-06

Total Pages: 519

ISBN-13: 1803920882

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The Internet has brought about unprecedented changes to modern life, creating a connected society but also radically opening up the question of how to design and apply legal rules in a digital world. This thoroughly revised second edition provides an updated exploration of the latest developments and controversies in European Internet law.

Rights and Responsibilities of Participants in Networked Communities

Rights and Responsibilities of Participants in Networked Communities PDF

Author: National Research Council

Publisher: National Academies Press

Published: 1994-02-01

Total Pages: 173

ISBN-13: 0309050901

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This book describes a number of social and legal issues as they relate to various members of electronically networked communities. After a brief introduction to relevant legal precedents and to the manner in which societies develop norms for social behavior, the book explores right and responsibilities related to free speech, vandalism, property interests, and privacy.

Oxford Handbook of Online Intermediary Liability

Oxford Handbook of Online Intermediary Liability PDF

Author:

Publisher: Oxford University Press

Published: 2020-05-04

Total Pages: 832

ISBN-13: 0192573977

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To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.