Description
Book SynopsisThis 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
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- 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.
Trade Review‘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.’ -- Gerald Spindler, Journal of Intellectual Property, Information Technology and Electronic Commerce Law
‘One of the many interesting aspects of this book is that the author addresses a broad audience: on the one hand, scholars, but, on the other, policy makers. In fact, the author provides an in-depth comparative analysis of the two most influential liability models in the digital landscape: the European and the American paradigms.’ -- Oreste Pollicino and Federica Paolucci, EU Law Live
‘Folkert Wilman invites us to a journey into a virtual world where it is easy to formulate questions, but extremely difficult to answer them. In his analysis he displays remarkable knowledge, coupled with professional experience. . . . His book will definitely contribute to the ongoing discussion not only on both sides of the Atlantic, but in the entire world. It will constitute an extraordinarily valuable point of reference for lawmakers and courts, including, I believe, the Court of Justice.' -- From the Foreword by Maciej Szpunar, First Advocate General at the Court of Justice of the EU
‘The Internet offers countless opportunities for exchanging information and expression, but also entails risks of abuse. In dealing with the responsibility of intermediaries for illegal content, this book scrutinises laws on copyright, anti-terrorism, e-commerce and fundamental rights, in the EU and the US, successfully weaving different experiences and developments into a clear and comprehensive analysis. An insightful and thoughtful work, rich in references to case law, legislative history and legal literature. Obligatory reading for anyone working in the field.’ -- Anna Marcoulli, Judge at the General Court of the EU
Table of ContentsContents: 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
