Moving Towards Balance: A Study into Duties of Care on the Internet
139 Pages Posted: 23 Mar 2011
Date Written: December 15, 2010
Commissioned by the WODC (Wetenschappelijk Onderzoeken Documentatiecentrum), research has been conducted on duties of care on the Internet, more specifically from the perspective of Internet service providers. Internet service providers currently find themselves in the spotlight, both in a national and international context, with regard to their relationship both with governments and other private parties, on for example questions of (civil) liability. This research focuses on duties of care as concerns the relationship between government and Internet service providers. When such a duty of care does not exist, whether or not duties of care have been developed for others along the value chain between providers of information services and end-users, including Internet service providers, was examined.
The situation in four countries – the Netherlands, the UK, Germany and France – was researched. The (self-) regulation with respect to five separate themes (Internet security and safety, child pornography, copyright, identity fraud and the trade in stolen goods through Internet platforms) was identified. In addition to this, a significant number of interviews with stakeholders were conducted.
Keywords: Duties of Care, Internet Service Providers, Internet Security and Safety, Child Pornography, Copyright, Identity Fraud
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La Protección Jurídica a la Propiedad Literaria y Artística en Internet: Modelo Francés, Leyes Hadopi (The Legal Protection of Literary and Artistic Property on the Internet: French Model, Hadopi Laws)
By Edwin Bernal