The Civil Liability Of Internet Service Providers In Internet Privacy Infringement

The term "infringement of network privacy" means the infringing act on the individual's network privacy through the network. The term "Internet Service Provider's infringement of network privacy" means the direct or indirect infringing act on the user's network privacy through the network resulting from the Internet Service Provider (ISP)'s fault. From the aspects of law, ISP consists of Internet Content Provider (ICP) and Internet Intermediary Service Provider (IISP). The infringement liability of ICP may be direct or aidant. In any suit ICP acts only to create and publish information in a manner which is intentional or willful, which invades the individual's network privacy, it shall take the direct liability to the individual for the infringement act. And the aidant liability of ICP usually dues to the neglect of its regard duty, and always be an infringement act in a nonfeasance manner with noncompliance with reasonable investigation duty, or failure to take efforts when knowing or having been notified such act's existence which induces the occurrence of such act and the magnification of the damage. Under any above suit, ICP also shall take the infringement liability. IISP's direct infringement act is a little singularly especial, its form is mainly the aidant. The indictment against IISP concentrates on depositing the infringing information in the Provider's servers, which may arouses dispute when IISP takes it as a transmission channel and provides BBS service, and providing search engine and hypertext linkage when the individual accesses to other website containing infringing materials by using the information locator facilities provided by IISP. According to the requirements of "The Interpretation of the Applicable Laws on Hearing the Dispute Concerning the Computer Network Copyright" enacted by the Supreme Court of China on November, 2000, whether ISP shall take the aidant infringement liability depends on whether it helps the user's infringing act with knowing about the fact. China should adopt the "Iawmaking & industry self-discipline" mode to regulate the legal liability of ISP, and specify that ISP should be liable to terminate the invasion, compensate the...