Oxford Handbook of Online Intermediary Liability

(p. iv) Copyright Page
(p. iv) Copyright Page
Edited by Giancarlo Frosio
Edited by Giancarlo Frosio
(p. iv) Copyright Page
(p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries
(p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries
Edited by Giancarlo Frosio
Edited by Giancarlo Frosio
(p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries
(p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries
(p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries
(p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries
Notes:
(p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
Edited by Giancarlo Frosio
Edited by Giancarlo Frosio
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
(p. xiv) (p. xv) Notes on Contributors
Mapping Online Intermediary Liability
Abstract and Keywords
Giancarlo Frosio
Edited by Giancarlo Frosio
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
(p. 6) 1. Mapping Fundamental Notions
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
(p. 9) 2. Mapping International Fragmentation: From Safe Harbours to Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
3. Mapping Subject-Specific Regulation
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
4. Mapping Intermediary Liability Enforcement
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
5. Mapping Private Ordering and Intermediary Responsibility
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
6. Mapping Internet Jurisdiction, Extraterritoriality, and Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Notes:
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Mapping Online Intermediary Liability
Who are Internet Intermediaries?
Abstract and Keywords
Graeme Dinwoodie
Edited by Giancarlo Frosio
Who are Internet Intermediaries?
1. Definitions of ‘Internet Intermediaries’
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
(p. 45) 2. Alternative Terms
Who are Internet Intermediaries?
3. A Functional Taxonomy
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
4. Typological Considerations
4.1 Intermediaries in Distinct Fields
Who are Internet Intermediaries?
(p. 53) 4.2 Status as a Measure of Legal Applicability
Who are Internet Intermediaries?
4.3 The Directive on Copyright in the Digital Single Market
Who are Internet Intermediaries?
5. Conclusions
Who are Internet Intermediaries?
Notes:
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
Who are Internet Intermediaries?
A Theoretical Taxonomy of Intermediary Liability
Abstract and Keywords
Jaani Riordan
Edited by Giancarlo Frosio
A Theoretical Taxonomy of Intermediary Liability
1. What is ‘Liability’?
A Theoretical Taxonomy of Intermediary Liability
(p. 59) 1.1 Moral Agency and Individual Responsibility
A Theoretical Taxonomy of Intermediary Liability
1.2 Monetary Liability
1.2.1 Strict Liability
1.2.2 Negligence-Based Standards
A Theoretical Taxonomy of Intermediary Liability
1.2.3 Knowledge-Based Standards
1.2.4 Immunity
1.3 Non-Monetary Liability
A Theoretical Taxonomy of Intermediary Liability
2. Classifying Liability
A Theoretical Taxonomy of Intermediary Liability
2.1 Primary Liability
(p. 65) 2.2 Secondary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
2.2.1 Causative Secondary Liability
2.2.1.1 Procurement
A Theoretical Taxonomy of Intermediary Liability
2.2.1.2 Common Design
2.2.1.3 Criminal Accessory Liability
A Theoretical Taxonomy of Intermediary Liability
2.2.2 Relational Secondary Liability
3. Justifying Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
3.1 Normative Justifications
3.1.1 Holding Causes of Harm Accountable
A Theoretical Taxonomy of Intermediary Liability
3.1.2 Fictional Attribution to Secondary Wrongdoers
A Theoretical Taxonomy of Intermediary Liability
3.1.3 Upholding Primary Duties
3.1.4 Upholding Duties Voluntarily Assumed
A Theoretical Taxonomy of Intermediary Liability
3.2 Practical Functions
3.2.1 Reducing Claimants’ Enforcement Costs
A Theoretical Taxonomy of Intermediary Liability
3.2.2 Encouraging Innovation
A Theoretical Taxonomy of Intermediary Liability
3.2.3 Regulating Communications Policy
A Theoretical Taxonomy of Intermediary Liability
4. Types of Wrongdoing
4.1 Copyright Infringement
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
(p. 81) 4.2 Trade Mark Infringement
A Theoretical Taxonomy of Intermediary Liability
4.3 Defamation
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
4.4 Hate Speech, Disinformation, and Harassment
A Theoretical Taxonomy of Intermediary Liability
4.5 Breach of Regulatory Obligations
(p. 87) 4.6 Disclosure Obligations
A Theoretical Taxonomy of Intermediary Liability
5. Conclusions
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
Notes:
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
A Theoretical Taxonomy of Intermediary Liability
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
Abstract and Keywords
Martin Husovec
Edited by Giancarlo Frosio
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
1. Three Legal Pillars
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
2. Distinguishing Reasons from Consequences
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
3. Typology of Consequences
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
3.1 Scope of Damages
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
3.2 Aggregation of Damages
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
3.3 Scope and Goals of Injunctions
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
3.4 Costs of Injunctions
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
4. Putting the Cart before the Horse
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
5. Conclusions
Notes:
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability
Empirical Approaches to Intermediary Liability
Abstract and Keywords
Kristofer Erickson and Martin Kretschmer
Edited by Giancarlo Frosio
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
1. Volume of Notices
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
2. Accuracy of Notices
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
(p. 112) 3. Over-Enforcement and Abuse
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
4. Due Process and Transparency
Empirical Approaches to Intermediary Liability
5. Balancing of Responsibilities and Costs
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
6. Conclusion: Limitations, Gaps, and Future Research
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
Notes:
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
Empirical Approaches to Intermediary Liability
The Civic Role of OSPs in Mature Information Societies
Abstract and Keywords
Mariarosaria Taddeo
Edited by Giancarlo Frosio
The Civic Role of OSPs in Mature Information Societies
1. Managing Access to Information
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
2. Human Rights: Harmful Content and Internet Censorship
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
3. The Civic Role of Osps in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
4. Conclusion: The Duty of Ethical Governance
Notes:
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
The Civic Role of OSPs in Mature Information Societies
Intermediary Liability and Fundamental Rights
Abstract and Keywords
Christophe Geiger, Giancarlo Frosio, and Elena Izyumenko
Edited by Giancarlo Frosio
Intermediary Liability and Fundamental Rights
1. Users’ Rights
(p. 140) 1.1 Freedom of Information and Internet Access
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
1.2 Freedom of Expression
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
1.3 Right to Privacy and Data Protection
Intermediary Liability and Fundamental Rights
2. OSPs, Freedom of Business, and Innovation
3. IP Owners and Property Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
4. Conclusions
Notes:
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
Intermediary Liability and Fundamental Rights
An Overview of the United States’ Section 230 Internet Immunity
Abstract and Keywords
1. Pre-Section 230 Law
Eric Goldman
Edited by Giancarlo Frosio
An Overview of the United States’ Section 230 Internet Immunity
An Overview of the United States’ Section 230 Internet Immunity
1.1 The Moderator’s Dilemma
An Overview of the United States’ Section 230 Internet Immunity
2. Section 230’s Protections for Defendants
An Overview of the United States’ Section 230 Internet Immunity
An Overview of the United States’ Section 230 Internet Immunity
2.1 Section 230’s Statutory Exclusions
An Overview of the United States’ Section 230 Internet Immunity
3. Section 230’s Implications
An Overview of the United States’ Section 230 Internet Immunity
An Overview of the United States’ Section 230 Internet Immunity
4. Comparative Analysis
4.1 EU’s ‘Right to Be Forgotten’
An Overview of the United States’ Section 230 Internet Immunity
An Overview of the United States’ Section 230 Internet Immunity
4.2 EU Electronic Commerce Directive
4.3 The UK Defamation Law
An Overview of the United States’ Section 230 Internet Immunity
4.4 Germany’s Network Enforcement Law (NetzDG)
4.5 Brazil’s Internet Bill of Rights
An Overview of the United States’ Section 230 Internet Immunity
4.6 Section 230 and Foreign Judgments
5. What’s Next for Section 230?
An Overview of the United States’ Section 230 Internet Immunity
Notes:
An Overview of the United States’ Section 230 Internet Immunity
An Overview of the United States’ Section 230 Internet Immunity
An Overview of the United States’ Section 230 Internet Immunity
An Overview of the United States’ Section 230 Internet Immunity
An Overview of the United States’ Section 230 Internet Immunity
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
Abstract and Keywords
Juan Carlos Lara Gálvez and Alan M. Sears
Edited by Giancarlo Frosio
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
1. Background: Notice and Takedown in the Dmca
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
2. Free Trade Agreements and Notice-and-Takedown Provisions
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
3. Implementation of FTA Intermediary Liability Provisions in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
3.1 A Comparison of Provisions on Effective Notice in FTAs with Latin American Countries
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
3.2 Completed Implementation
3.2.1 Chile
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
3.2.2 Costa Rica
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
3.3 Pending Implementation
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
3.4 The Current Promotion of the DMCA Model in FTAs
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
4. The Convenience of the Dmca Approach for Notice and Takedown in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
(p. 189) 5. Conclusions
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
Notes:
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America
The Marco Civil da Internet and Digital Constitutionalism
Abstract and Keywords
Luiz Fernando Marrey Moncau and Diego Werneck Arguelhes
Edited by Giancarlo Frosio
The Marco Civil da Internet and Digital Constitutionalism
(p. 192) 1. The Civil Rights Framework for the Internet
1.1 The Path Towards the MCI’s Enactment
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
1.2 The MCI Legislative Process
The Marco Civil da Internet and Digital Constitutionalism
(p. 198) 2. The ‘MCI on the Books’
2.1 General Provisions of the MCI
The Marco Civil da Internet and Digital Constitutionalism
2.2 Intermediary Liability Rules
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
2.3 Intermediary Liability Beyond the MCI
(p. 202) 3. The MCI in Practice
3.1 The Brazilian Justice System
The Marco Civil da Internet and Digital Constitutionalism
3.2 Relevant Decisions in High Courts
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
3.3 Cases Pending Before the Federal Supreme Court
The Marco Civil da Internet and Digital Constitutionalism
4. The MCI and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
5. Concluding Remarks
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
Notes:
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
The Marco Civil da Internet and Digital Constitutionalism
Intermediary Liability in Africa: Looking Back, Moving Forward?
Abstract and Keywords
Nicolo Zingales
Edited by Giancarlo Frosio
Intermediary Liability in Africa: Looking Back, Moving Forward?
1. The Slow Rise of the Intermediary Liability Discourse in Africa
Intermediary Liability in Africa: Looking Back, Moving Forward?
2. First-generation Liability Limitations
2.1 South Africa
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
(p. 220) 2.2 Ghana
2.3 Zambia
Intermediary Liability in Africa: Looking Back, Moving Forward?
2.4 Uganda
3. Interstate Cooperation in the African Region: Implications for Intermediary Liability
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
4. Second-generation Liability Limitations: the Rise of Hybrid Instruments
Intermediary Liability in Africa: Looking Back, Moving Forward?
4.1 Malawi
Intermediary Liability in Africa: Looking Back, Moving Forward?
4.2 Ethiopia
4.3 Kenya
Intermediary Liability in Africa: Looking Back, Moving Forward?
4.4 South Africa
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
4.4.1 Liability limitations when you are also ‘cyber-police’: a complex terrain
Intermediary Liability in Africa: Looking Back, Moving Forward?
(p. 234) 5. Conclusion: The Role of the African Union and the Promise of the South African Model
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
Notes:
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
Intermediary Liability in Africa: Looking Back, Moving Forward?
The Liability of Australian Online Intermediaries
Abstract and Keywords
1. Liability: Active Intermediaries and Recalcitrant Wrongdoers
Kylie Pappalardo and Nicolas Suzor
Edited by Giancarlo Frosio
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
1.1 Consumer Protection Law
The Liability of Australian Online Intermediaries
1.2 Defamation
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
1.3 Vilification
(p. 244) 1.4 Copyright
The Liability of Australian Online Intermediaries
2. Limiting Devices and their Flaws
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
3. Conclusions
The Liability of Australian Online Intermediaries
Notes:
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
The Liability of Australian Online Intermediaries
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
Abstract and Keywords
Kyung-Sin Park
Edited by Giancarlo Frosio
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
1. China
1.1 Basic Laws and Regulations
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
1.2 Liability-Imposing v Liability-Exempting
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
1.3 Conclusions
2. India
2.1 Basic Laws and Regulations
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
2.2 Liability-Imposing v Liability-Exempting
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
2.3 Dialectical Turn of Singhal
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
2.4 Conclusions
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
3. Japan
3.1 Basic Laws and Regulations
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
3.2 Comparison With Other Safe Harbours
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
3.3 Conclusions
4. Indonesia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
5. Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
6. South Korea
6.1 Introduction: Basic Laws and Regulations
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
6.2 Proof: Intermediary Behaviour and Courts’ Expansionist Interpretation
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
(p. 274) 6.3 Origins: Syntactical Error in Adopting Section 512 of the DMCA?
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
6.4 Conclusions
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
7. Epilogue
Notes:
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
Abstract and Keywords
Danny Friedmann
Edited by Giancarlo Frosio
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
1. Intermediary Liability for Trade mark Infringement
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
1.1 Establish Internal Procedures and Enforce Accordingly
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
1.2 Appropriate Reasonable Measures in the Case of Repeat Infringement
(p. 286) 1.3 Inferences
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
2. Intermediary Liability in the Case of Copyright Liability
2.1 Non-Interference
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
2.2 Removal after a Notice-and-Takedown Request
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
2.3 Necessary Measures
2.4 No Financial Benefits
2.5 Inducement and Contributory Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
(p. 292) 2.6 Non-Interference
3. Conclusions
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
Notes:
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
Abstract and Keywords
Maria Lillà Montagnani
Edited by Giancarlo Frosio
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
1. The Issue of Illegal Content within the DSM Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
2. Copyright-Infringing Content and the Copyright in the DSM Directive
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
3. Harmful Content within the Reformed AudioVisual Media Service Directive
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
4. Misleading content and the Unfair Commercial Practices Directive
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
5. Final Remarks
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
Notes:
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Abstract and Keywords
Christina Angelopoulos
Edited by Giancarlo Frosio
Harmonizing Intermediary Copyright Liability in the EU: A Summary
1. The Current Incomplete EU Framework for Intermediary Liability in Copyright
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
2. The National Regimes on Intermediary Liability in Copyright
(p. 320) 2.1 Intra-Copyright Solutions
Harmonizing Intermediary Copyright Liability in the EU: A Summary
(p. 322) 2.2 Tort-Based Solutions
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
2.3 Injunction-Based Solutions
Harmonizing Intermediary Copyright Liability in the EU: A Summary
3. Intermediary Liability and Tort Law
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
4. Building a Complete Framework for European Intermediary Liability in Copyright
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
5. Closing Remarks
Notes:
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
Harmonizing Intermediary Copyright Liability in the EU: A Summary
The Direct Liability of Intermediaries
Abstract and Keywords
Eleonora Rosati
Edited by Giancarlo Frosio
The Direct Liability of Intermediaries
1. The right of communication to the public as construed through case law
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
2. Liability of Platform Operators for the Making of Acts of Communication to the Public: The Pirate Bay Case
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
3. Applicability of C-610/15 Stichting Brein to Less Egregious Scenarios
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
4. Other Implications: Primary/Secondary Liability and Safe Harbours
The Direct Liability of Intermediaries
5. Conclusion
The Direct Liability of Intermediaries
Notes:
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
The Direct Liability of Intermediaries
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Abstract and Keywords
Jack Lerner
Edited by Giancarlo Frosio
Secondary Copyright Infringement Liability and User-Generated Content in the United States
1. Secondary Copyright Infringement in Common Law
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
2. The Digital Millennium Copyright Act
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
2.1 Actual and ‘Red Flag’ Knowledge
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
2.2 Wilful Blindness
2.3 Right and Ability to Control
Secondary Copyright Infringement Liability and User-Generated Content in the United States
3. User-Generated Content in The Shadow of The DMCA and Case Law
Secondary Copyright Infringement Liability and User-Generated Content in the United States
3.1 Technological Measures
Secondary Copyright Infringement Liability and User-Generated Content in the United States
3.2 Government Enforcement Efforts
4. Policy Activity
Secondary Copyright Infringement Liability and User-Generated Content in the United States
4.1 Stop Online Piracy Act and Companion Bills
4.2 US Department of Commerce Internet Policy Task Force
Secondary Copyright Infringement Liability and User-Generated Content in the United States
4.3 US House Judiciary Committee Copyright Review
44 US Copyright Office Study
5. Secondary Copyright Infringement Liability for Online Intermediaries Outside the United States
5.1 International Treaties and Trade Agreements
Secondary Copyright Infringement Liability and User-Generated Content in the United States
5.2 European Union
6. Conclusions
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Notes:
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Abstract and Keywords
Frederick Mostert
Edited by Giancarlo Frosio
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
1. The ‘Ratio’ Principles of Intermediary Responsibility—International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
1.1 Injunctions for Blocking Websites by ISPs
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
(p. 376) 2. The Ius Gentium of Voluntary Measures—International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
2.1 Freedom of Expression, Competition, and Data Protection
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
(p. 380) 3. Conclusions
Notes:
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Abstract and Keywords
Martin Senftleben
Edited by Giancarlo Frosio
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
1. Trade Mark Rights
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
1.1 Inherent Limits
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
1.2 Context-Specific Infringement Analysis
2. Limitations of Trade Mark Rights
2.1 Commercial Freedom of Expression
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
2.2 Artistic and Political Freedom of Expression
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
2.3 Context-Specific Limitations
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
3. Developments in Case Law
(p. 396) 3.1 Guidelines at EU Level
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
3.2 Application in Civil Law Jurisdictions
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
3.3 Need for Balanced, Proportionality-Based Approach
4. Conclusions
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Notes:
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
Abstract and Keywords
Richard Arnold
Edited by Giancarlo Frosio
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
(p. 406) 1. Who are Online Intermediaries?
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
2. Primary Liability of Intermediaries for Trade Mark Infringement
2.1 Use of the Sign Complained of by the Intermediary
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
2.2 Use of the Sign in the Relevant Territory
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
2.3 Counterfeit Goods and Grey Goods
2.4 Articles 12 to 14 of the e-Commerce Directive
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
3. Accessory Liability of Intermediaries for Trade Mark Infringement
3.1 Accessory Liability of Intermediaries for Trade Mark Infringement under English Law
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
(p. 413) 3.2 Article 14 of the e-Commerce Directive
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
(p. 414) 4. Injunctions Against Intermediaries Whose Services are Used to Infringe Trade Marks
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
(p. 415) 4.1 Jurisdiction of the Courts of England and Wales to Grant Injunctions Against Intermediaries in Trade Mark Cases
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
4.2 Website-Blocking Injunctions: Threshold Conditions
(p. 417) 4.3 Website-Blocking Injunctions: Applicable Principles
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
4.4 Website-Blocking Injunctions: Application to Trade Mark Cases
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
(p. 420) 4.5 Other Kinds of Injunctions Against Intermediaries in Trade Mark Cases
Notes:
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
Intermediary Liability and Trade Mark Infringement: A Common Law Perspective
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Abstract and Keywords
(p. 422) 1. Problem Definition
Reto M. Hilty and Valentina Moscon
Edited by Giancarlo Frosio
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
2. Online Intermediaries: Walking a Tightrope Between Immunity from Liability and Remedies
2.1 Safe Harbours
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
2.2 Injunctions Against Online Intermediaries
3. Unfair Commercial Practices via Online Intermediaries
3.1 Unfair Commercial Practices Definition
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
3.2 Is the Online Intermediary a ‘Trader’ that Performs ‘Commercial Practices’?
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
(p. 431) 3.3 The Interplay Between the UCPs Directive and e-Commerce Directive
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
3.4 Protection of Consumers’ Interests vs IPRs’ Protection
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
4. Trade Secrets Infringement via OIs
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
(p. 435) 4.1 Protection of Undisclosed Know-How and Business Information (Trade Secrets) Within the EU: Overview
4.2 Unlawful Acquisition, Use, and Disclosure of Trade Secrets by Third Parties
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
4.3 Remedies Against Third Parties
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
4.4 The Interplay Between Trade Secrets Directive and the e-Commerce Directive
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
4.5 Trade Secrets and IPRs’ Enforcement Against Third Parties
5. Assessment
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Notes:
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Abstract and Keywords
Emily Laidlaw
Edited by Giancarlo Frosio
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
1. Legal Context
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
1.1 Common Law
1.2 Statutory Approaches
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
2. Proposal for Reform
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
(p. 452) 2.1 Common Law
2.2 Notice-and-Notice-Plus
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
3. Notice-and-Notice-Plus Beyond Defamation Law
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
3.1 NN+ Requires the Speech to Be Unlawful but Other Forms of Speech Are Harmful Too
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
3.2 Speech Regulation for Which NN+ is Clearly Unsuitable
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
3.3 Case Study: Terrorist Content
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
3.4 Case Study: Hate Speech
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
4. Conclusions
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notes:
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Abstract and Keywords
Tarlach McGonagle
Edited by Giancarlo Frosio
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
1. The European Regulatory Framework
1.1 The Council of Europe
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
1.2 The European Union
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
2. Geometrical Shifts
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
3. Conclusions
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Notes:
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
The Right to Be Forgotten in the European Union
Abstract and Keywords
Miquel Peguera
Edited by Giancarlo Frosio
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
1. The Right to be Forgotten Vis-à-Vis Search Engines
1.1 Google Spain
The Right to Be Forgotten in the European Union
1.2 Delisting in Numbers
The Right to Be Forgotten in the European Union
1.3 Balancing Rights
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
1.4 Geographical Scope
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
1.5 Sensitive Data
The Right to Be Forgotten in the European Union
2. The Right to be Forgotten Vis-à-Vis Primary Publishers
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
3. Conclusions
Notes:
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
The Right to Be Forgotten in the European Union
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Abstract and Keywords
Eduardo Bertoni
Edited by Giancarlo Frosio
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
1. The Belén Rodriguez Case: Something New Under the Sun?
1.1 Previous and Actual Knowledge
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
1.2 Explicit Illegality of the Content
1.3 Negligent Response
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
2. Trends in Latin America: What do they Follow?
2.1 Chile
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
2.2 Colombia
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
2.3 Mexico
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
2.4 Peru
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
2.5 Uruguay
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
3. The Right to Privacy and the Right to Freedom of Expression Under the Inter American System of Human Rights and its Impact on the Right to be Forgotten
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
4. Conclusions
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Notes:
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
Abstract and Keywords
Aleksandra Kuczerawy
Edited by Giancarlo Frosio
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
(p. 527) 1. Impact on Freedom of Expression
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
2. Notice and TakeDown
2.1 General
2.2 Variations of the Mechanism
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
(p. 530) 2.3 Risks and Safeguards for Freedom of Expression
2.3.1 Foreseeability
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
2.3.2 Abusive requests
2.3.3 Notification and counter-notification
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
3. Notice and Notice
3.1 General
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
3.2 Variations of the Mechanism
3.3 Risks and Safeguards for Freedom of Expression
3.3.1 Foreseeability
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
3.3.2 Decision-making bodies
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
3.3.3 Severity of the response
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
4. Notice and Stay Down
4.1 General
4.2 Judicial Construct
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
4.3 Risks and Safeguards for Freedom of Expression
4.3.1 General v specific monitoring
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
4.3.2 Clear and precise notifications
4.3.3 Appeal procedure
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
5. Conclusions
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
Notes:
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
Monitoring and Filtering: European Reform or Global Trend?
Abstract and Keywords
Giancarlo Frosio and Sunimal Mendis
Edited by Giancarlo Frosio
Monitoring and Filtering: European Reform or Global Trend?
(p. 545) 1. OSP as a ‘Mere Conduit’: ‘No Monitoring’ Obligations
Monitoring and Filtering: European Reform or Global Trend?
2. From ‘Mere Conduits’ to ‘Gate-Keepers’? The Global Shift in Intermediary Liability
Monitoring and Filtering: European Reform or Global Trend?
(p. 548) 2.1 Case Law
Monitoring and Filtering: European Reform or Global Trend?
2.1.1 The European experience
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
2.2 Private Ordering: Emerging Industry Practice
Monitoring and Filtering: European Reform or Global Trend?
3. The EU Copyright Directive in the Digital Single Market: Legitimation through Legislation?
Monitoring and Filtering: European Reform or Global Trend?
3.1 Definition of an OCSSP
Monitoring and Filtering: European Reform or Global Trend?
3.2 A General Monitoring Obligation?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
4. Effect on Fundamental Rights
Monitoring and Filtering: European Reform or Global Trend?
5. Conclusions
Monitoring and Filtering: European Reform or Global Trend?
Notes:
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Monitoring and Filtering: European Reform or Global Trend?
Blocking Orders: Assessing Tensions with Human Rights
Abstract and Keywords
Christophe Geiger and Elena Izyumenko
Edited by Giancarlo Frosio
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
1. A Freedom of Expression Perspective on Website Blocking: The Emergence of User Rights
1.1 User Rights
Blocking Orders: Assessing Tensions with Human Rights
1.2 Collateral Effects of Blocking: The Risk of Overblocking
Blocking Orders: Assessing Tensions with Human Rights
(p. 574) 1.3 The ‘Value’ of Content
Blocking Orders: Assessing Tensions with Human Rights
1.4 Alternative Means of Accessing Information
Blocking Orders: Assessing Tensions with Human Rights
2. A Freedom to Conduct a Business Perspective on Website Blocking: The (Rising) Role of the ISPS in Digital Copyright Enforcement
2.1 Costs and Complexity of Blocking
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
2.2 Availability of Reasonable Alternatives (Subsidiarity)
Blocking Orders: Assessing Tensions with Human Rights
(p. 581) 3. A Right to Property Perspective on Website Blocking: Effectiveness of the Blocking
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
4. Recent EU Copyright Reform and its Effects on Website Blocking and Fundamental Rights
Blocking Orders: Assessing Tensions with Human Rights
5. Conclusions
Notes:
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Blocking Orders: Assessing Tensions with Human Rights
Administrative Enforcement of Copyright Infringement in Europe
Abstract and Keywords
Alessandro Cogo and Marco Ricolfi
Edited by Giancarlo Frosio
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
1. The European Landscape: Spain, Italy, and Greece
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
2. The Legal Context
2.1 International and EU Legislative Provisions
2.1.1 TRIPs
(p. 593) 2.1.2 The EU
Administrative Enforcement of Copyright Infringement in Europe
2.1.3 The EU Charter of Fundamental Rights
2.2 Domestic Legal Basis
Administrative Enforcement of Copyright Infringement in Europe
3. The Essential Features
3.1 The Independence of the Public Bodies Entrusted with the Task
3.2 Protected Subject Matter and Violations
Administrative Enforcement of Copyright Infringement in Europe
3.3 Parties
3.4 Procedure
Administrative Enforcement of Copyright Infringement in Europe
3.5 Abbreviated Proceedings and Protective Orders
3.6 Costs
Administrative Enforcement of Copyright Infringement in Europe
3.7 Remedies
3.8 Transparency
3.9 Double Track
3.10 Review
Administrative Enforcement of Copyright Infringement in Europe
3.11 Safeguards against Abuse
(p. 603) 4. The AGCOM Regulation in Practice: A Case Study
4.1 Transparency
Administrative Enforcement of Copyright Infringement in Europe
4.2 Protected Subject Matter
Administrative Enforcement of Copyright Infringement in Europe
4.3 Scope of Violations
4.4 Remedies
Administrative Enforcement of Copyright Infringement in Europe
4.5 Relevance of the Principle of Proportionality
Administrative Enforcement of Copyright Infringement in Europe
Notes:
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Administrative Enforcement of Copyright Infringement in Europe
Accountability and Responsibility of Online Intermediaries
Abstract and Keywords
Giancarlo Frosio and Martin Husovec
Edited by Giancarlo Frosio
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
1. Tools for Increasing Responsibility
1.1 Graduated Response
Accountability and Responsibility of Online Intermediaries
(p. 617) 1.2 Changes to Online Search Results
(p. 618) 1.3 Payment Blockades and Follow the Money
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
1.4 Private DNS Content Regulation
1.5 Standardization
Accountability and Responsibility of Online Intermediaries
1.6 Codes of Conduct
1.7 Filtering
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
1.8 Website-Blocking
2. Mechanisms and Legal Challenges
2.1 Market and Private Ordering
Accountability and Responsibility of Online Intermediaries
2.2 Corporate Social Responsibility
Accountability and Responsibility of Online Intermediaries
(p. 628) 2.3 Involuntary Cooperation in IP Rights Enforcement
Accountability and Responsibility of Online Intermediaries
2.4 Public Deal-Making
2.4 Circulation of Solutions
(p. 630) 3. Conclusions
Accountability and Responsibility of Online Intermediaries
Notes:
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
Accountability and Responsibility of Online Intermediaries
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Abstract and Keywords
Annemarie Bridy
Edited by Giancarlo Frosio
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Addressing Infringement: Developments in Content Regulation in the US and the DNS
1. ICANN, the DNS, and DNS Intermediaries
Addressing Infringement: Developments in Content Regulation in the US and the DNS
(p. 635) 2. The History of Intellectual Property Enforcement in the DNS
2.1 The UDRP
Addressing Infringement: Developments in Content Regulation in the US and the DNS
3. ICANN’s new gTLD Programme and IP Stakeholder Demands
Addressing Infringement: Developments in Content Regulation in the US and the DNS
4. Expanding IP Enforcement in the DNS: Within and Without ICANN
Addressing Infringement: Developments in Content Regulation in the US and the DNS
4.1 Present Arrangements: ‘Trusted Notifier’ Agreements
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Addressing Infringement: Developments in Content Regulation in the US and the DNS
(p. 641) 4.1.1 The trusted notifier model and the UDRP compared
Addressing Infringement: Developments in Content Regulation in the US and the DNS
4.2 Future Plans: A Copyright-Specific UDRP?
Addressing Infringement: Developments in Content Regulation in the US and the DNS
4.2.1 The DNA’s copyright ADRP
4.2.2 PIR’s SCDRP
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Addressing Infringement: Developments in Content Regulation in the US and the DNS
5. Conclusions
Notes:
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Abstract and Keywords
Sergei Hovyadinov
Edited by Giancarlo Frosio
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
1. Russian Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
2. The Evolution of Internet Regulations and ISP Liability
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
3. How the Government Relies on Intermediaries
3.1 Content
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
3.2 Surveillance
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
4. Compliance Dilemma
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
5. Transparency and Compliance with Human Rights
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
(p. 668) 6. Conclusions
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Notes:
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Abstract and Keywords
Niva Elkin-Koren and Maayan Perel
Edited by Giancarlo Frosio
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
1. Content Moderation by Platforms and The Rule of law
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
2. Barriers to Accountability
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
3. Enhancing Intermediaries’ Oversight
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
4. Future Challenges
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Notes:
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Algorithmic Accountability: Towards Accountable Systems
Abstract and Keywords
Ben Wagner
Edited by Giancarlo Frosio
Algorithmic Accountability: Towards Accountable Systems
1. Accountable to whom?
2. Accountability for what?
Algorithmic Accountability: Towards Accountable Systems
3. Challenges with Algorithmic Accountability
3.1 Access to the Algorithmic System
Algorithmic Accountability: Towards Accountable Systems
3.2 Verification
3.3 Aggregation
3.4 Measuring the Effect of a System on User Behaviour
3.5 Users’ Interpretation of the Capabilities of the Systems They are Using
3.6 Improving the Quality of Technical Systems
Algorithmic Accountability: Towards Accountable Systems
3.7 Accountability of the Socio-Technical System
(p. 685) 4. What does Algorithmic Accountability mean in the context of Intermediary Liability Online?
Algorithmic Accountability: Towards Accountable Systems
Algorithmic Accountability: Towards Accountable Systems
5. Conclusions
Algorithmic Accountability: Towards Accountable Systems
Notes:
Algorithmic Accountability: Towards Accountable Systems
Algorithmic Accountability: Towards Accountable Systems
Algorithmic Accountability: Towards Accountable Systems
Internet Jurisdiction and Intermediary Liability
Abstract and Keywords
Dan Jerker B. Svantesson
Edited by Giancarlo Frosio
Internet Jurisdiction and Intermediary Liability
1. Internet Intermediaries and Jurisdiction
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
(p. 695) 2. Terms of Service, Jurisdiction, and Choice of Law
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
(p. 697) 3. Access to Evidence and Jurisdiction
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
4. Scope of Jurisdiction of Content Blocking
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
5. Concluding Remarks
Internet Jurisdiction and Intermediary Liability
Notes:
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
Internet Jurisdiction and Intermediary Liability
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
Abstract and Keywords
Michael Geist
Edited by Giancarlo Frosio
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
1. Where it all Began: The Yahoo France Case
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
2. Equustek Solutions v Google: Internet Jurisdiction Hits Canada’s Highest Court
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
3. Supreme Court of Canada Hearing
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
4. The Supreme Court of Canada Decision
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
5. After Equustek: The Risks of Global Takedown Orders From National Courts
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
5.1 Conflicting Court Orders
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
5.2 Expanding Equustek
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
5.3 Expanding Intermediary Power
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
6. Conclusions
Notes:
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
Abstract and Keywords
Bertrand de La Chapelle and Paul Fehlinger
Edited by Giancarlo Frosio
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
1. National Jurisdictions and Cross-Border Data Flows and Services
1.1 Conflicting Territorialities
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
1.2 A Challenge for All Stakeholders
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
1.3 A Core Issue of Internet Governance
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
2. A Legal Arms Race in Cyberspace?
(p. 733) 2.1 Extraterritoriality
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
2.2 Digital Sovereignty
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
(p. 735) 2.3 Paradoxes of Sovereignty
3. Limits to International Cooperation
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
3.1 Obstacles to Multilateral Efforts
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
3.2 MLATs: The Switched Network of International Cooperation
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
4. A Dangerous Path
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
4.1 Economic Impacts
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
4.2 Human Rights Impacts
4.3 Technical Infrastructure Impacts
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
4.4 Security Impacts
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
5. Filling the Institutional Gap in Internet Governance
5.1 Lessons from the Technical Governance ‘of’ the Internet
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
5.2 Evolution of the Ecosystem: Governance ‘on’ the Internet
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
5.3 Enabling Issue-Based Multistakeholder Cooperation
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
6. Towards Transnational Frameworks
6.1 Procedural Interoperability
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
(p. 747) 6.2 Governance through Policy Standards
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
7. Conclusions
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
Notes:
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
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