Oxford Handbook of Online Intermediary Liability by Frosio, Giancarlo;

Series: Oxford Handbooks;

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Product details:

Publisher OUP Oxford
Date of Publication 4 May 2020

ISBN 9780198837138
Binding Hardback
No. of pages800 pages
Size 253x179x52 mm
Weight 1562 g
Language English

Short description:

This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.

Long description:

To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.

Winner of the IPKat Intellectual Property Law Book of the Year Award 2020

Part I - Introduction
Mapping Intermediary Liability Online
Part II - Mapping Fundamental Notions
Who Are Internet Intermediaries?
A Typology of Intermediary Liability
Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability?
Empirical Approaches to Intermediary Liability
The Civic Role of OSPs in Mature Information Societies
Intermediary Liability and Fundamental Rights
Part III - Safe Harbors, Liability, and Fragmentation
An Overview of the United States' Section 230 Internet Immunity
The Impact of Free Trade Agreements on Internet Intermediary Liability Provisions in Latin American Countries
Marco Civil da Internet and Digital Constitutionalism
Intermediary Liability in Africa: Looking Back, Moving Forward?
The Liability of Australian Online Intermediaries
From Liability Trap to the World's Safest Harbor: Lessons from China, India, Japan, Korea, Indonesia, and Malaysia
Oscillating from Safe Harbor to Liability: Towards Omniscient Intermediaries in China
A New Liability Regime for Illegal Content in the Digital Single Market Strategy
Part IV - A Subject-Matter Specific Overview
Harmonising Intermediary Copyright Liability in the EU
The Direct Liability of Intermediaries
Secondary Copyright Infringement Liability and User-Generated Content in the United States
Intermediary Liability and Online Trademark Infringement: Emerging International Common Approaches
Intermediary Liability and Trademark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions?
Intermediary Liability and Trademark Infringement: A Common Law Perspective
Online Intermediaries as a Vehicle for Unfair Commercial Practices and Trade Secrets Infringement: What Liability within the European Legal Framework?
Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
The Right to be Forgotten in Europe: Foundations and Limits
Right to be...Forgotten? Trends in Latin America after the Belen Case and the Impact of the New European Rules
Part V - Intermediary Liability and Online Enforcement
From 'Notice and Take Down' to 'Notice and Stay Down': Risks and Safeguards for Freedom of Expression
Monitoring and Filtering: European Reform or Global Trend?
Blocking Orders: Assessing Tensions with Human Rights
Administrative Enforcement of Copyright Infringement Online in Europe
Part VI - Intermediary Responsibility, Accountability and Private Ordering
Intermediary Accountability and Responsibility
Addressing Infringement: Developments in Content Regulation in the US and the DNS
Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet
Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law
Algorithmic Accountability: Towards Accountable Systems
Part VII - Internet Jurisdiction, Extra-territoriality and Liability
Internet Jurisdiction and Intermediary Liability
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
Jurisdiction on the Internet: from Legal Arms Race to Transnational Cooperation