The Research On The Legal Responsibilty Of Tortious Actions Of Internet Service Provider

The legal responsibility of tortious actions of Internet service provider (ISP) has been broken open with the development of internet. Internet service provider, as the main body for providing connecting,content and flat roof for the network user, is the nucleus of the development and popularization of internet. If there were no service of ISP, the development of internet would be blocked. The tortious actions of ISP can be found abroad, the behavior consist of the invasion for copyright,privacy right and reputation right. If we don't punish for those tortious actions, the legal interest of user would't be protected and brought the bad infection. So, the research for the tortuous actions of Internet service provider is useful.The civil responsibilities of Internet service provider consist of tortious and breach of faith. For the responsibilities of breach of faith can be solved by the current law preferably. The tortious actions of Internet service provider are complex. Many new tortious actions have been appeared with the development of computer network technology. Those responsibilities can be judged by traditional tortious actions law, but because of the complexity and particularity of network tortious actions, those must be analysis ideographically and regulated by legislation for the responsibilities of Internet service provider. This text gives a definition of the Internet Service Provider first, which said it includes: Internet Access Provider, Internet Content Provider and Internet Presence Provider. This text expounds the concept,characteristic and types of the tortious acts of the Internet Service Provider, analyzes emphatically theoretical problems of the liability for infringement of rights, which mainly includes: the liability for fault,general elements,reasons for counterarguments and remedy method of liability etc ,and stand for using remedy method of liability for he liability for infringement of rights. This text researchs relative legal systems of the United States,Germany and The European Union etc. by method of the comparative study ,thinks we should learn from the characteristics of American DMCA's legal system ,make responsibility of Internet service Provider clear, and exempt it from liability if Internet Service Provider devoted what it should do. This text introduces our country's legal system about Internet Service Provider, puts forward opinions on BBS's legal supervision, stipulates the contents of the valid notify by Internet Service Provider send off to oblige. Finally this text puts forward opinions about legal system by linking to status of our country's legal systems, and it said we should have special legislation about liability for infringement of rights of Internet Service Provider.