Research On Internet Service Providers’ Tort Liability Of Infringing Network Privacy

The rapid development of Internet technology has brought great convenience to people’s lives, at the same time, civil subjects’ rights are infringed online of every hue.Internet service providers(ISP) as the center of transmitting information on the internet, play very important roles no matter which infringement occurs.ISPs often become litigations’ defendant of the internet infringements along with the network infringement cases are increasing. Prior studies paid more attention to do research on the tort liability of citizen privacy right rather than the ISPs’ tort liability, the infringement acts of privacy especially the tort liability of ISPs’ infringement of privacy should arouse more attention and academic research from academia.In order to introduce the topic of this paper, it starts from analyzing typical cases of ISPs’ infringements of the privacy and the role of ISP in the case is emphasized, then it defines the definition and distinction of the right of privacy and network privacy, with the case analysis, the concept and the boundary of the network privacy right are more and more clear. Secondly, it makes clear of the concept of ISP and the types of ISP are classified, the ISPs’ obligation to protect network privacy is also discussed.Thirdly, it analyzes the ISPs’ infringements of network privacy, mainly focus on the form and harm the infringement and reason of it, which was not analyzed enough in prior studies. Then it analyzes the elements of the ISPs’ infringements and the principle of liability fixation, from the legal aspect, it analyzes the elements of the infringement of the network privacy right in the network service.Several different imputation principles are described and their rationality and incompleteness are analyzed respectively, and then the legal liabilities that the ISP violates the network privacy are assumed. This paper tries to explore incomplete and unreasonable existence in legal commitments, it also sums up the way of bearing tort liability. Finally, it makes research as well as analysis of the existing legal regulation and the deficiency of them on the ISPs’ violations of network privacy, mainly focus on analyzing those parts of outstanding legal regulation in foreign countries which can be used for reference and absorption for our country, and plans to design appropriate responsibility rules as well as put forward opinions and suggestions to improve the relevant legal system, so as to better protect the privacy of the citizens on the internet.