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Study On Security Obligations Of Internet Server Provider

Posted on:2016-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:L ChengFull Text:PDF
Abstract/Summary:PDF Full Text Request
The development of Internet brings convenient and fast life, as well as more and more infringement act. As the supervisor and controller of Internet, Internet Server Provider(ISP) shall take reasonable actions to avoid and reduce the damage of Internet infringement, and protect the personal and property security. In many countries the laws regulate the tortious liability, such as the Digital Millennium Copyright Act in USA, the IUKDG in Germany, and Directive on Electronic Commerce in Europe Union. In China some laws regulate the tortious liability. The Tort law has recapitulatory regulations about it. However, there is no detailed regulations about the particularity of the Internet. The judicial interpretation of the Supreme Court has detail regulations about application of laws about the infringement act of the Internet to personal names, privacy and reputation. However, it does not pay much attention to the infringement act to property security caused by the Internet.Besides introduction and conclusion, the thesis has four parts.Chapter One introduces the definition, theoretical foundation and development situation of the security obligations of ISP at home and abroad. Firstly, the thesis analyzes the definition of ISP and security obligations of ISP. Then by analysis of the theoretical foundation of the security obligations, we can find the rationality of the application of security obligations to ISP. Internet service provider and operator are same in nature, so are Internet and physical space. The security obligations of ISP is favorable to the development of the Internet. And then the thesis introduces the development of the security obligations of ISP home and abroad, and shows the deficiency.Character Two introduces the contents and identification of the security obligations of ISP. Firstly the thesis analyzes the legal nature of duty and we can get the conclusion that the source of the security obligations includes the regulations of laws, the promise of contracts and the principle of honesty and credibility. And then we analyze the identification of the security obligations from the principles and the inspecting factors. In the identification, we need combine the regulations, the content of reasonability the estimation of the infringement environment and the prior infringement actions.Character Three introduces the civil responsibility of the Internet breaching the security obligations. We classify the circumstances that ISP breaching the security obligations into three categories. And then we combine three cases to introduce the form of shouldering the responsibility, including the direct and indirect responsibility. In the end we introduces the two general defenses, the Internet force majeure and cause of the victims.Character Four proposes advices to the security obligations of ISP from the points of The Tort Law and the Contract Law. From the point of The Tort Law, the study raises two key advices, including clearance of the security obligations responsibility of ISP and the principle of imputation and burden of proof. From the point of the Contract Law, the study raises two key advices, including combination of the collateral duty of contracts and security obligations, and the standardization of general defenses and the restriction of general defenses.
Keywords/Search Tags:Internet Server Provider, Infringement action to Internet, Security Guarantee, Responsibility
PDF Full Text Request
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