Study On Security Obligation Of Internet Server Provider

As the Internet industry advances,it has maken people's lives more and more convenient,but at the same time,it also brought a lot of problems.Personality rights and intellectual property rights in the network is becoming more and more challenged,and internet infringement is becoming an increasingly perilous situation.Article 36 of tort law of China is a rule of tort liability for Internet service providers,which is based on the U.S.Digital Millennium Copyright Act,and draws on its "safe haven" rule and "red flag" rule.The Digital Millennium Copyright Act is based on the legislative background of the web1.0 era,and at that time the internet service providers are characterized by passivity,instrumentality and neutrality,legislation focuses on protecting the interests of Internet service providers.Today,however,the Internet has entered the Web2.0 era,decentralization,openness and sharing have become it's salient features.The shift in service patterns has also made the internet service provider's interference in its platform more and more serious,and its neutrality has grown increasingly questionable.The internet service provider plays a vital role in the governance of network information.The Internet service provider opens up the risk of online communication,making the third person's infringement possible,it is required to undertake a certain obligation under the principle of security obligation.Therefore,the author advocates the introduction of the security obligation into the network space,and hopes that through the granting of the security obligation,the Internet service provider will take active measures to purify the network space,thus we can achieve the governance of the network illegal chaos image.The author argue that we should introduce the security obligation into the network space,consider of it's necessity,legitimacy and feasibility,and discuss the content and application of the security obligation of the internet service provider.Then the article analyzes the constitutive elements of the internet service provider violating the liability of security obligation,and puts forward the constructive legislative proposal on this basis.