Liability of Internet Intermediaries

IntroductionThe digital networks - and especially the Internet - can be a source of economic damage, moral or physical, relating the spreading of illegal content, incomplete or not consistent with the legitimate expectations of users. The issue of internet liability is not only significant, but also the intermediaries, whose role is to either make them available or to provide accommodation or transport distance.The global dimension of the Internet often makes it difficult to identify the perpetrators of harmful messages, especially as they have able to work from abroad. These circumstances explain that attention to internet intermediates.Litigation concerning the liability of intermediaries is currently the subject of considerable controversy in case law, doctrine and, of course, among the various stakeholders such as intermediaries themselves, representatives of Internet users, holders of intellectual property rights, consumer etc.

DiscussionLike many other areas of law, the Internet raises several questions regarding intellectual property and, in specific copyright. One of them concerns the attribution of responsibility to various stakeholders on copyright violations committed on the Internet. This issue is complicated by the clean technology to the medium.In order to assess situations that may give rise to the liability of intermediaries on the Internet, it is important to briefly describe the architecture of electronic environments. The computer networks have three components: hardware, software and human. With respect to the material component, it includes the nodes (switches, routers, gateways, hosts, etc. With respect to the software component, it includes different applications (or programs) that ensure the operation and management of networks.The Act on freedom of communication, the provider is required to keep the data that allow the identification of any person who contributed to the creation of content services which it is the provider. These data should be disclosed to the judge's request and at his request only. This is an effective measure for the injured party.It appears that service provider's take a purely technical role is to ensure continuity and security of the connection of the user to the network (Lichtman, pp. 404).

I think that the changes must be made in the Section 230 of Communications Decency Act in the manner that the natural or legal persons whose activity is to provide access to online communication services other than private correspondence must be held, first, to inform their subscribers of the existence of technical means to restrict access to certain services or to select the other hand, offer them at least one of these means. The legal obligation should be imposed on the internet providers. Internet service providers must strength themselves through adopting filtering techniques by creating an obligation to provide information to customers.The law on confidence in the digital economy must be reframed to encourage the development of Internet commerce by clarifying the rules for consumers and providers both technical and commercial. New policies must be developed to freedom of expression and free competition with the electronic commerce. For example, the electronic commerce in the section 230 of Communications Decency Act must clarify the responsibility and criteria to be applied to providers of services of Internet intermediaries and ...