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On Liability Of Internet Service Provides For Infringing Network-privacy

Posted on:2019-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2416330545996697Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of Internet technology and the change of social network information have facilitated the work,study and life of citizens while bringing great challenges to personal privacy.It is a fact that any network behavior is essentially inseparable from the participation of Internet service providers,therefore,more and more Internet service providers are accused of infringement as network-related citizen privacy infringement cases.For example,on January 3,2018,with the launch of the personalized bill "2017 annual billing list" function,the topic of privacy infringement related to this incident once again caused widespread discussion among the Internet users.The Ali pay bill's "consent" service agreement belongs to abusing the default consent rule,and exports said that these unfair default rules generally exist in the industry.The formulation of these unfair rules reflects the lack of protection for citizens' network privacy rights in China and the incomplete fort liability system of Internet service providers such as Ali pay and We Chat who are network information service platforms.The author collects previous discovery of online privacy infringement and finds that scholars have studied enough on personal privacy responsibilities,but researches on the infringement liability of Internet service providers who are the subject of infringement is not through.In view of this,this article explores the tort liability system that Internet service providers infringe the privacy right.The full essay is divided into four parts:The first part is to elaborate the concept of Internet service providers.Many scholars define network service providers as Internet Service Providers(ISP)that provide network users with information exchange and technical support.According to this definition,the author roughly divides Internet service providers into three categories.Then from the whole perspective,the author defines the concept,subject,object and content of network privacy which belongs to the right of personality.What's more,by summarizing the types and forms of infringement of Internet service providers,this essay analyzes the causes of Internet service providers' privacy infringement.The second part briefly describes the imputation principle on infringement of online privacy by Internet service providers,and expounds the rationality of the principle of fault liability from three aspects.Thus,clarifying the principle of fault liability as the reasonable imputation principle of online privacy tort liability.The third part analyzes the responsibilities of Internet service providers and the defense of tort liability.By studying the "Safe Harbor Rules" and "Red Flag Rule"stipulated by the United States,it is concluded that these rules are conductive to Internet service.providers to avoid liability for infringement and to protect the legitimate rights of Internet service providers.The fourth part proposes the imperfections of the tort liability provisions of Internet service providers:improving the relevant provisions of the "Remove after Notification"rules in the Tort Liability Law;filling the legal gaps in the "Anti-prompt Rules" and "Prompt Guarantee Rules" in the Tort Liability Law;clearing the types of Internet service providers as well as clearly distinguishing subjects of tort liability.
Keywords/Search Tags:Internet Privacy Rights, Tort Liability, Imputation Principle, Safe Harbor Rules, Red Flag Rule
PDF Full Text Request
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