The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US
Series: Elgar Information Law and Practice series;
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Product details:
- Publisher Edward Elgar Publishing
- Date of Publication 20 November 2020
- ISBN 9781839104824
- Binding Hardback
- No. of pages456 pages
- Size 244x169 mm
- Weight 874 g
- Language English 134
Categories
Long description:
This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users' rights.
Key features include:
- discussion of the fundamental rights implications of increased intermediary responsibility
- critical appraisal of the current EU system, as laid down in the e-Commerce Directive, and recommendations for reform
- a detailed examination of US intermediary liability law, namely Section 230 CDA and Section 512(c) DMCA
•/li> - an overview of key developments in law and in practice in relation to all types of illegal online content, including copyright-infringing content, child sexual abuse material, terrorist content and hate speech
- analysis of the latest regulatory developments, including the copyright in the DSM Directive, the amended Audiovisual Media Directive and the Terrorist Content Regulation.
This incisive book will be a key resource for practitioners and policy makers working on issues relating to intermediary liability and illegal online content. Deploying the relevant case law, legal literature and legislative history of the topic, it will also be of value to students and academics in the field.
Featuring foreword from Maciej Szpunar, First Advocate General at the Court of Justice of the European Union and Professor at the University of Silesia in Katowice
This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users’ rights.
‘Wilman has written a great and overwhelming book that can without doubt be qualified as a landmark in the discussion of liability of providers. The book contains a thoughtful analysis which is clearly structured and brings many debates to a precise point.’
Table of Contents:
Contents: Preface 1. Introduction Part I: European Union 2. Art. 14 e-Commerce Directive 3. Art. 15 e-Commerce Directive and recent measures
Part II: United States 4. Section 230 CDA 5. Section 512 DMCA Part III: Interests, fundamental rights and private speech regulation 6.Interests at stake 7. Fundamental rights 8. Private speech regulation Part IV: Assessment, recommendations and conclusions 9. Assessment 10. Completing the current regime 11. Towards a double-sided duty of care 12. Conclusions Bibliography Index
