Research On The Tortious Liability For Internet Service Provider Infringing On Internet Privacy Of Others

Nowadays, the rapid development of internet technology brings people moreconvenient network service. But at the same time, it also inevitably makes thenetwork user’s personal privacy in a dangerous state, especially in the reality it existsthat internet service provider infringes on internet privacy of others which is wortheducational circles to pay attention and research. Based on after internet serviceprovider infringing on internet privacy of others, legitimate private rights andinterests are able to get better protection from the legal considerations, this articleintends to study and discuss on this issue. The following is the author’s writingthought.First, from analyzing the civil legal relation in the internet services to start, thispaper introduces all kinds of internet service providers in the practice, such as internetaccess provider, internet presence provider and internet content provider. Due to thedifferent degree of controlling internet information, then the paper discusses theinternet service providers’ different status of civil legal relations in the internetservices, to lay the foundation for later analysis of the tort type and tortious liabilityof internet service provider infringing on internet privacy of others.Secondly, this paper intends to analyze the infringing act of internet serviceprovider infringing on internet privacy of others, which is divided into two parts oftort causes analysis and type analysis. In the first part of tort causes analysis, theauthor briefly introduces the internet right of privacy, and emphatically analyses thepossible reasons of causing the behavior of internet service provider infringing oninternet privacy of others from the internet services, internet service industry, networkusers as well as relevant legislation regulation, etc. In the second part of the typeanalysis, the author will divide the behavior of internet service provider infringing oninternet privacy of others into two types of direct infringement and indirectinfringement. Direct infringement mainly includes improper collection and use ofpersonal information of others, illegal intrusion into cyberspace of others, trackingonline activities of others. Indirect infringement mainly is internet service providers do not take the appropriate measures to eliminate the consequences of infringementwhen they know internet users use the network to infringe internet privacy of others,resulting in consequences of the damage occurred or expand.Again, after analyzing the behavior of internet service provider infringing oninternet privacy of others, this article will discuss the tort liability imputationprinciple and constitutions of internet service provider infringing on internet privacyof others. In analyzing the imputation principle, the paper introduces three academicpoints which are principle of no-fault liability, general principle of fault liability,doctrine of liability with presumed fault. And this paper analyzes the respectiveshortcomings of principle of no-fault liability and general principle of fault liability,then put forward to apply the doctrine of liability with presumed fault is morereasonable. In the analysis of the constituent elements of responsibility, the paper uses"four elements" as a basic framework, which considers the constituent elements ofresponsibility of internet service provider infringing on internet privacy of othersshould include: the wrongdoing of internet service provider infringing on internetprivacy of others, damage to the victim, a causal link between the wrongful act ofinternet service provider and the damage results, and the internet service provider is atfault.Then, in the commitment of tort liability, the author thinks that the introductionof punitive damages system in the field of internet service provider infringing oninternet privacy of others, could be better to protect the lawful rights and interests ofthe network users. This part mainly discusses on the necessities and applies concernsof the introduction of punitive damages system in the field of internet serviceprovider infringing on internet privacy of others. The author thinks that the provisionsof the existing relief for damages can not achieve social justice and completely fill thevictim’s loss, and is also not conducive to prevent and contain internet serviceprovider infringing on internet privacy of others. While the introduction of punitivedamages system is able to make up the flaws of the existing relief for damagesprecisely, and it is more comprehensive and effective to protect internet privacy ofothers. At the same time, the applies concerns of punitive damages system in the fieldof internet service provider infringing on internet privacy of others should also consider the suitable conditions, the program restrictions, the amount ofcompensation and other related issues, which the author will elaborate more in later.Finally, the author will analyze the defects of the legislation on regulatinginternet service provider infringed on internet privacy of others in our country, andput forward some corresponding suggestions for improvement in the legislation. Theauthor hopes it is able to contribute to constraint the wrongfulness of internet serviceprovider and protect internet privacy.