Moving Towards Balance: A Study into Duties of Care on the Internet

139 Pages Posted: 23 Mar 2011

See all articles by N.A.N.M. van Eijk

N.A.N.M. van Eijk

affiliation not provided to SSRN

Tom van Engers

University of Amsterdam

Wiebke Abel

University of Edinburgh

Chris Wiersma

Unaffiliated author; Milieu Law & Policy Consulting

Catherine Jasserand

KU Leuven - Centre for IT & IP Law (CiTiP); University of Groningen - Faculty of Law

Date Written: December 15, 2010

Abstract

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

Suggested Citation

van Eijk, N.A.N.M. and van Engers, Tom and Abel, Wiebke and Wiersma, Chris and Jasserand, Catherine, Moving Towards Balance: A Study into Duties of Care on the Internet (December 15, 2010). Available at SSRN: https://ssrn.com/abstract=1788466 or http://dx.doi.org/10.2139/ssrn.1788466

N.A.N.M. Van Eijk (Contact Author)

affiliation not provided to SSRN

Tom Van Engers

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

Wiebke Abel

University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, Scotland EH8 9JY
United Kingdom

Chris Wiersma

Unaffiliated author ( email )

Brussels
Belgium

HOME PAGE: http://chriswiersma.wordpress.com

Milieu Law & Policy Consulting ( email )

Chaussée de Charleroi 112
Brussels, 1060
Belgium

Catherine Jasserand

KU Leuven - Centre for IT & IP Law (CiTiP) ( email )

Sint-Michielsstraat 6 box 3443
Leuven, 3000
Belgium

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

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