Chilling ISPs… when private regulators act without adequate public framework
Chilling ISPs… when private regulators act without adequate public framework
Self-regulation has found its adepts very early, but more academics are beginning to question its appropriateness and calling for a “hybrid regulation” as cyberspace becomes more and more an essential means of communication in everyday life. Yet, today the private sector has never been so strong within cyberspace and the chances to see the flowering of what U.S. lawyers know as public forums keep on diminishing. The success of filtering measures, the implementation is which is most of the time opaque, confirms this trend. More generally, the desire to see private powers confined in the digital environment is far from being granted. This is certainly due in part to the relative obsolescence of legal concepts that are inapt to frame the behavior of intermediaries, which do play the role of regulators. This paper thus seeks to determine and analyse the legal framework within which intermediaries act in cyberspace.
intermediary internet service providers, isp regulation, cyberspace, liability, contributory infringement, dmca
290-297
Stalla-Bourdillon, Sophie
c189651b-9ed3-49f6-bf37-25a47c487164
May 2010
Stalla-Bourdillon, Sophie
c189651b-9ed3-49f6-bf37-25a47c487164
Stalla-Bourdillon, Sophie
(2010)
Chilling ISPs… when private regulators act without adequate public framework.
Computer Law & Security Review, 26 (3), .
(doi:10.1016/j.clsr.2010.03.006).
Abstract
Self-regulation has found its adepts very early, but more academics are beginning to question its appropriateness and calling for a “hybrid regulation” as cyberspace becomes more and more an essential means of communication in everyday life. Yet, today the private sector has never been so strong within cyberspace and the chances to see the flowering of what U.S. lawyers know as public forums keep on diminishing. The success of filtering measures, the implementation is which is most of the time opaque, confirms this trend. More generally, the desire to see private powers confined in the digital environment is far from being granted. This is certainly due in part to the relative obsolescence of legal concepts that are inapt to frame the behavior of intermediaries, which do play the role of regulators. This paper thus seeks to determine and analyse the legal framework within which intermediaries act in cyberspace.
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More information
Published date: May 2010
Keywords:
intermediary internet service providers, isp regulation, cyberspace, liability, contributory infringement, dmca
Organisations:
Southampton Law School
Identifiers
Local EPrints ID: 201453
URI: http://eprints.soton.ac.uk/id/eprint/201453
ISSN: 2212-4748
PURE UUID: 7cba077c-3931-4bbf-a069-1d38c6759ebe
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Date deposited: 31 Oct 2011 13:25
Last modified: 15 Mar 2024 03:37
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