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A Study On Legal Liability Of ISP For Tort To Rights Of Privacy And Reputation

Posted on:2006-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:M P WuFull Text:PDF
GTID:2166360152985101Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the greatest inventions in the 20th century, the appearance of the network brought the unprecedented historical change to human society, it has not only changed the ways of people's production and living, but also changed people's mode of thinking, breaking people's traditional thinking tendency. So is it in law circles, legal issues of cyberspace surely produce some strikes on the existing law theory and judicial practice, and the most important strikes among them are rights of reputation and privacy, which are basic rights of mankind. The network service provider ("ISP") is the most important subject of cyberspace, it is bearing the weight of the operation, information transmission and relevant services of the cyberspace. Just because of this, ISP often becomes the main target of the study on torts to rights of reputation and privacy in cyberspace. Rights of reputation and privacy are people's most important personality right in the actual life, but they have been made very fragile because of the interaction, opening characteristics of the network, and at the same time these characteristics make rights of reputation and privacy in cyberspace anonymous, without the assistance of ISP, it is impossible to confirm the direct inflictor in most occasion for injured parties, therefore they can only turn to the responsibility of ISP, and thus make ISP get involved. In the cyberspace, torts to rights of reputation and privacy have some generality, for example, the liability bearing principle, defense reasons, etc., but mostly the differences, this reflects in such aspects as the information reveal, damage consequences. By comparison between internal and external protection situation of rights of reputation and privacy, combining practice and relevant regulations of protection of our country rights of reputation and privacy, I don't think it would be reasonable that make the personality rights in cyberspace a separate part in the civil law code of our country. Though there are some special behavior and differences between torts to rights of reputation and privacy in cyberspace and traditional tort law, but this has not broken through the adjustment domain of the existing legal system overall, it is just the extension of traditional legal system. Keeping the legal system of existing personality rights, and more important meaning lies in safeguarding the integrality of the existing civil law system. The thesis is divided into four chapters altogether. The first chapter, the author proceed from concept and classification of ISP at first, on the basis of analyzing and commenting on the different views on the concept classification to ISP in current law circles, meanwhile the author propose a 3-kind-ISP classification framework, namely the Internet Access Provider (IAP), Internet Content Provider (ICP), and Internet Intermediary Providers (IIP). The second chapter, The legal liability of ISP on torts of right of reputation. Firstly the author analyzed the right of reputation in cyberspace, and further concluded the specialty of the torts in cyberspace, at last, the author drew up the composition of liability of ISP on right of reputation. The third chapter, the legal liability of ISP on torts to the right of privacy. The author analyzed the situation of tort to right of privacy in cyberspace, discovering the relationship between the information submission of ISP and the personal privacy (information), then the author concluded the protection mode and situation in both China and abroad, and discussed the tort to right of privacy of public figures, finally providing the self-regulation mode as a way out to our country. The fourth chapter, the consideration to torts on right of reputation and privacy. Firstly, the author made a comparison on relative legal protection in our country and abroad, referring the consideration to the present legislation on cyber torts of our country.
Keywords/Search Tags:ISP, Cyberspace, Right of Privacy, Right of Reputation, Liability
PDF Full Text Request
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