Internet service providers liability for third party content: Freedom to operate?

Internet Service Providers (ISPs) are instrumental in the smooth running of Internet service and they should enjoy some freedom to operate without unnecessary fear of being sued for the illegality of the content that flows through their network. Without such immunity, no ISPs would be willing to inv...

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Main Authors:	Abdul Ghani Azmi, Ida Madieha, Ismail, Suzi Fadhilah, Daud, Mahyuddin
Format:	Conference or Workshop Item
Language:	English English
Published:	IEEE 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/58129/ http://irep.iium.edu.my/58129/ http://irep.iium.edu.my/58129/ http://irep.iium.edu.my/58129/14/58129%20Internet%20service%20providers%20liability%20for%20third%20party%20content-freedom.pdf http://irep.iium.edu.my/58129/15/58129-Internet%20service%20providers%20liability%20for%20third%20party%20content-SCOPUS.pdf

id	iium-58129
recordtype	eprints
spelling	iium-581292018-03-06T08:22:44Z http://irep.iium.edu.my/58129/ Internet service providers liability for third party content: Freedom to operate? Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah Daud, Mahyuddin K Law (General) Internet Service Providers (ISPs) are instrumental in the smooth running of Internet service and they should enjoy some freedom to operate without unnecessary fear of being sued for the illegality of the content that flows through their network. Without such immunity, no ISPs would be willing to invest money in acquiring latest technology and protocols in the provision of their services. Generally, ISPs possess no editorial control over the online materials that passes through their services. It is therefore justified that they should neither be imposed with the legal burden to police content nor be held liable for any infringing or harmful materials posted online. In early United States (U.S.) jurisprudence, the courts have found ISPs to be liable for third party contents if they moderated or exercised some forms of editorial control over them. The U.S. Digital Millennium Copyright Act (DMCA) has managed to change the legal landscape by creating a mandatory obligation on ISPs to take down those infringing materials once the copyright holders give a notice of takedown request. In exchange, a ‘safe harbour’ privilege is assured to the ISPs so that they are exempted from liabilities that might arise from their action in complying with the takedown request. The system which was introduced and is currently in practice in the U.S. seems to garner a wide acceptance gradually and has been adopted in some other countries. In support of this contention, efforts to transpose the similar procedure transpired via negotiations and multi-lateral agreements involving a number of countries. IEEE 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/58129/14/58129%20Internet%20service%20providers%20liability%20for%20third%20party%20content-freedom.pdf application/pdf en http://irep.iium.edu.my/58129/15/58129-Internet%20service%20providers%20liability%20for%20third%20party%20content-SCOPUS.pdf Abdul Ghani Azmi, Ida Madieha and Ismail, Suzi Fadhilah and Daud, Mahyuddin (2017) Internet service providers liability for third party content: Freedom to operate? In: The 5th International Conference on Information Technology for Cyber and IT Service Management (CITSM 2017), 8th-10th August 2017, Bali, Indonesia. http://ieeexplore.ieee.org/document/8089226/ 10.1109/CITSM.2017.8089226
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah Daud, Mahyuddin Internet service providers liability for third party content: Freedom to operate?
description	Internet Service Providers (ISPs) are instrumental in the smooth running of Internet service and they should enjoy some freedom to operate without unnecessary fear of being sued for the illegality of the content that flows through their network. Without such immunity, no ISPs would be willing to invest money in acquiring latest technology and protocols in the provision of their services. Generally, ISPs possess no editorial control over the online materials that passes through their services. It is therefore justified that they should neither be imposed with the legal burden to police content nor be held liable for any infringing or harmful materials posted online. In early United States (U.S.) jurisprudence, the courts have found ISPs to be liable for third party contents if they moderated or exercised some forms of editorial control over them. The U.S. Digital Millennium Copyright Act (DMCA) has managed to change the legal landscape by creating a mandatory obligation on ISPs to take down those infringing materials once the copyright holders give a notice of takedown request. In exchange, a ‘safe harbour’ privilege is assured to the ISPs so that they are exempted from liabilities that might arise from their action in complying with the takedown request. The system which was introduced and is currently in practice in the U.S. seems to garner a wide acceptance gradually and has been adopted in some other countries. In support of this contention, efforts to transpose the similar procedure transpired via negotiations and multi-lateral agreements involving a number of countries.
format	Conference or Workshop Item
author	Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah Daud, Mahyuddin
author_facet	Abdul Ghani Azmi, Ida Madieha Ismail, Suzi Fadhilah Daud, Mahyuddin
author_sort	Abdul Ghani Azmi, Ida Madieha
title	Internet service providers liability for third party content: Freedom to operate?
title_short	Internet service providers liability for third party content: Freedom to operate?
title_full	Internet service providers liability for third party content: Freedom to operate?
title_fullStr	Internet service providers liability for third party content: Freedom to operate?
title_full_unstemmed	Internet service providers liability for third party content: Freedom to operate?
title_sort	internet service providers liability for third party content: freedom to operate?
publisher	IEEE
publishDate	2017
url	http://irep.iium.edu.my/58129/ http://irep.iium.edu.my/58129/ http://irep.iium.edu.my/58129/ http://irep.iium.edu.my/58129/14/58129%20Internet%20service%20providers%20liability%20for%20third%20party%20content-freedom.pdf http://irep.iium.edu.my/58129/15/58129-Internet%20service%20providers%20liability%20for%20third%20party%20content-SCOPUS.pdf
first_indexed	2023-09-18T21:22:10Z
last_indexed	2023-09-18T21:22:10Z
_version_	1777411954567020544

Internet service providers liability for third party content: Freedom to operate?

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