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Intermediary/SE Liability

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The EU E-commerce directive and section 230 DMCA have edicted the principle of immunity of Intermediairies for third party content. Hence, this liability is interpreted differently between the US and the EU where the liability is knowledge based.

The question of Notice and Take Down remains very unclear and can be harmful to the freedom of expression. How is the ISP, being the Judge and the Jury, is supposed to act 'expeditiously' ? Biggest US ISPs are not in conformity with the EU regulations. They often don't have means of contact by telephone or email.
Cyberstalking has become a real threat online.
IP infringement is tackled in a wrong way with serious threat to fundamental Human Rights. Regulations such as ACTA, PIPA, SOPA, HaDoPI, DEAct, etc... are taking the wrong balance of proportionality of harm versus private financial interests. Shouldn't we start by clarifying the principal notion of IP rights in the digital world? Where judges can't agree on what is an IP infringement, how can we expect users to conforme with regulations? Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldin... Some states, including Virginia, require locksmiths to obtain state-issued licenses.

Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldin...

Baldino’s Lock & Key, a licensed locksmith, is unhappy about being on the same search results pages as unlicensed locksmiths. It sued Google and various business directory providers for commingling licensed locksmiths with presumably illegal unlicensed locksmiths. This is an easy Section 230 win for Google. The court says:

World intermediary liability map

G search data shld be deleted. ISP liability for 1/3 party content. The structure of SE-Grimmelmann. DPI and Internet Freedom. Global IP rights. EFF resource ISP chokepoints. D Kramer successfully pleading against Googe. The issue of Take Down Notice. Twitter publisher or distributor. To regulate Net intermediaries or not is the question.

Sunil Abraham, Aug 26, 2012, DHNS : Given the disruption to public order caused by the mass exodus of North-Eastern Indians from several cities, the government has had for the first time in many years, a legitimate case to crackdown on Internet intermediaries and their users.

To regulate Net intermediaries or not is the question

There was, of course, much room for improvement in the manner in which the government conducted the censorship. But the policy question that becomes most pertinent now is: do we need to regulate Internet intermediaries further? The answer is yes and no. There are areas where these intermediaries need to be regulated in order to protect citizen and consumer interest. It is a common misunderstanding to assume that all civil society organisations that advocate civil liberties on networked technologies are regulatory doves that wish to dismantle regulation of the private sector and allow them complete free hand for innovation and, perhaps, causing harm to public interest. TechnoLlama.

So Gikii!


Call For Papers. Global Voices Advocacy - Posts from Clarinette. Foggy thinking about the Right to Oblivion. I was lucky enough to spend a few days in Switzerland working on Street View.

Foggy thinking about the Right to Oblivion

And I treated myself to a weekend of skiing too. The weather wasn't great, we had a lot of mountain fog, but then, the entire privacy world seems to be sort of foggy these days. In privacy circles, everybody's talking about the Right to be Forgotten. The European Commission has even proposed that the "right to be forgotten" should be written into the up-coming revision of the Privacy Directive. Originally, a rather curious French "universal right" that doesn't even have a proper English-translation (right to be forgotten? More and more, privacy is being used to justify censorship. Most conversations about the right to oblivion mix all this stuff up. 1) If I post something online, should I have the right to delete it again? 2) If I post something, and someone else copies it and re-posts it on their own site, do I have the right to delete it?

5) Should the Internet just learn to "forget"? Global Media and Communications Quarterly Issue 4. About Hogan Lovells Hogan Lovells is an international legal practice that includes Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses.

Global Media and Communications Quarterly Issue 4

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  1. clarinette02 Jan 9 2012
    Hello, I am happy to team up curating on related topics. To keep a logical order, I suggest to create a pearl 'added link' where to store new additional links before distributing in appropriate pearls. Please do not add directly into pearls. Thanks.