Essay On Security Obligations Of Internet Service Provider

In the modern society,especially with the popularity of cell phones and other mobile terminals,the ascension of coverage of the wireless broadband,internet is developing rapidly,and Internet has penetrated deeply into our daily lives.People's lives have been inseparable from the Internet.In this era of Web2.0,the Internet really has brought us great convenience in life,but everything has two sides.The rapid development of the Internet also led to frequent cases of network infringement,personal rights and property rights are often violated.Internet service provider,though not a direct infringer,acts as the administrator and controller of the virtual space,to some extent,their behaviors will allow the frequent occurrence of network infringement.To some extent,for the frequent occurrence of network infringement cases,the network service providers have the inescapable responsibility.As the organizer and manager of the virtual space,the internet service provider should play the same role of the organizer and the manager of the traditional physical space.According to Article 37 of the “Tort law”,the organizers and managers of the traditional physical space are required to assume the obligation of security guarantee.But about the provisions of internet service providers is in the Article 36 of the “Tort law”.The Article 36 is based on the "safe haven" principle of the United States,which focuses more on protecting the interests of internet service providers.But with the rapid development and the high penetration of public life of the Internet,which determines the internet service provider is no longer simply in a technology-neutral status.The extensive participation of internet service providers has determined that the application of the "safe haven" principle is outdated,and this rule can not completely deal with certain cases of network infringement.The network service provider should take the security obligation as the theoretical basis of its responsibility,combined with the safe harbor principle.Only by redefining the theoretical basis of the responsibility of internet service providers,can we raise the awareness of network service providers about the cost of illegality.Only in this way,we can thoroughly control the network of frequent cases of infringement from the source.Only in this way,we can better balance the interests of internet service providers and network users and other potential infringers,so that we can find a new balance between the two.