Internet Intermediary Liability: An Overview
The Internet allows us to access and share information in a way that was unimaginable before. It provides the means for the free expression of ideas, the development of new businesses, and the ability to electronically send, receive, store and transfer information virtually instantaneously. However, due to the lack of clear rules that regulate the behavior of those connected to the Internet, the need for additional legal frameworks has arisen which takes into account the various rights of service providers, users, publishers, and other intermediary parties. This paper will examine the concept of “Internet intermediary liability” which has been developed to provide a framework for the determination of responsibility for online acts and/or content provided over the Internet.
The notion of Internet intermediary liability is composed of four distinct links of a chain of responsibility linking a service provider to the content generated over the Internet. These links are composed of intermediaries including content hosts, content providers, content distributors, and content consumers. The first link of intermediary liability is the content provider. Content providers can be any type of entity that creates content for publication and/or distribution over the Internet. This can include websites, blogs, discussion boards, social networking sites, and other sources of user-generated content.
The second link of intermediary liability is the content distributor. Content distributors are responsible for delivering downloaded or transmitted content such as videos, music, or streaming content. They are not responsible for creating the content, but rather for facilitating the access of the content by end users. Examples of content distributors include web hosts, streaming audio service providers, and those responsible for providing access to peer-to-peer networks.
The third link of intermediary liability is content hosts. Content hosts are responsible for providing a platform or infrastructure for the creation, storage and/or delivery of content over the Internet. Content hosts include search engines and ISPs, which provide access to websites as well as other network services.
Finally, the fourth link is the content consumer. Consumers are the ultimate users of the content, and are usually not considered to be intermediaries. Consumers may have rights to use the content but not to disseminate it, which is usually the responsibility of the content distributors and content hosts.
Ultimately, each link in the intermediary liability chain is responsible for ensuring that certain standards are met and that no rights of any parties involved are infringed upon. Depending on the nature of the content, each link may be liable for damages, including punitive damages, if they are found to be in violation of any of the rights or laws pertaining to the content. Thus, an analysis of the various risks posed by intermediary liability is necessary in order to better understand the potential implications of each type of intermediary.
Additionally, it is important for all intermediaries to develop policies and procedures that protect their business operations by minimizing potential risks. Some of these policies include procedures for monitoring content and suspending the accounts of customers who violate terms of service or engage in illegal activities. Furthermore, it is important for intermediaries to keep up-to-date on legal developments and industry best practices.
In conclusion, understanding the concept of “Internet intermediary liability” is essential for all intermediaries who offer content and services over the Internet. While the various links of liability are each responsible for their own standards of behavior, it is important to recognize that each link of the chain is potentially liable for any failure to meet their obligations. By implementing sound policies and procedures, intermediaries can reduce their own risks and ensure that the rights of all parties are respected.
