Oxford Handbook of Online Intermediary Liability

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(p. iv) Copyright Page (p. iv) Copyright Page Edited by Giancarlo Frosio Edited by Giancarlo Frosio (p. iv) Copyright Page (p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries (p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries Edited by Giancarlo Frosio Edited by Giancarlo Frosio (p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries (p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries (p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries (p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries Notes: (p. ix) Editor’s Note: A Dialogue on the Role of Online Intermediaries (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors Edited by Giancarlo Frosio Edited by Giancarlo Frosio (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors (p. xiv) (p. xv) Notes on Contributors Mapping Online Intermediary Liability Abstract and Keywords Giancarlo Frosio Edited by Giancarlo Frosio Mapping Online Intermediary Liability Mapping Online Intermediary Liability (p. 6) 1. Mapping Fundamental Notions Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability (p. 9) 2. Mapping International Fragmentation: From Safe Harbours to Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability 3. Mapping Subject-Specific Regulation Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability 4. Mapping Intermediary Liability Enforcement Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability 5. Mapping Private Ordering and Intermediary Responsibility Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability 6. Mapping Internet Jurisdiction, Extraterritoriality, and Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Notes: Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Mapping Online Intermediary Liability Who are Internet Intermediaries? Abstract and Keywords Graeme Dinwoodie Edited by Giancarlo Frosio Who are Internet Intermediaries? 1. Definitions of ‘Internet Intermediaries’ Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? (p. 45) 2. Alternative Terms Who are Internet Intermediaries? 3. A Functional Taxonomy Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? 4. Typological Considerations 4.1 Intermediaries in Distinct Fields Who are Internet Intermediaries? (p. 53) 4.2 Status as a Measure of Legal Applicability Who are Internet Intermediaries? 4.3 The Directive on Copyright in the Digital Single Market Who are Internet Intermediaries? 5. Conclusions Who are Internet Intermediaries? Notes: Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? Who are Internet Intermediaries? A Theoretical Taxonomy of Intermediary Liability Abstract and Keywords Jaani Riordan Edited by Giancarlo Frosio A Theoretical Taxonomy of Intermediary Liability 1. What is ‘Liability’? A Theoretical Taxonomy of Intermediary Liability (p. 59) 1.1 Moral Agency and Individual Responsibility A Theoretical Taxonomy of Intermediary Liability 1.2 Monetary Liability 1.2.1 Strict Liability 1.2.2 Negligence-Based Standards A Theoretical Taxonomy of Intermediary Liability 1.2.3 Knowledge-Based Standards 1.2.4 Immunity 1.3 Non-Monetary Liability A Theoretical Taxonomy of Intermediary Liability 2. Classifying Liability A Theoretical Taxonomy of Intermediary Liability 2.1 Primary Liability (p. 65) 2.2 Secondary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability 2.2.1 Causative Secondary Liability 2.2.1.1 Procurement A Theoretical Taxonomy of Intermediary Liability 2.2.1.2 Common Design 2.2.1.3 Criminal Accessory Liability A Theoretical Taxonomy of Intermediary Liability 2.2.2 Relational Secondary Liability 3. Justifying Intermediary Liability A Theoretical Taxonomy of Intermediary Liability 3.1 Normative Justifications 3.1.1 Holding Causes of Harm Accountable A Theoretical Taxonomy of Intermediary Liability 3.1.2 Fictional Attribution to Secondary Wrongdoers A Theoretical Taxonomy of Intermediary Liability 3.1.3 Upholding Primary Duties 3.1.4 Upholding Duties Voluntarily Assumed A Theoretical Taxonomy of Intermediary Liability 3.2 Practical Functions 3.2.1 Reducing Claimants’ Enforcement Costs A Theoretical Taxonomy of Intermediary Liability 3.2.2 Encouraging Innovation A Theoretical Taxonomy of Intermediary Liability 3.2.3 Regulating Communications Policy A Theoretical Taxonomy of Intermediary Liability 4. Types of Wrongdoing 4.1 Copyright Infringement A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability (p. 81) 4.2 Trade Mark Infringement A Theoretical Taxonomy of Intermediary Liability 4.3 Defamation A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability 4.4 Hate Speech, Disinformation, and Harassment A Theoretical Taxonomy of Intermediary Liability 4.5 Breach of Regulatory Obligations (p. 87) 4.6 Disclosure Obligations A Theoretical Taxonomy of Intermediary Liability 5. Conclusions A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability Notes: A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability A Theoretical Taxonomy of Intermediary Liability Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability Abstract and Keywords Martin Husovec Edited by Giancarlo Frosio Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 1. Three Legal Pillars Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 2. Distinguishing Reasons from Consequences Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 3. Typology of Consequences Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 3.1 Scope of Damages Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 3.2 Aggregation of Damages Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 3.3 Scope and Goals of Injunctions Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 3.4 Costs of Injunctions Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 4. Putting the Cart before the Horse Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability 5. Conclusions Notes: Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability Remedies First, Liability Second: Or Why We Fail to Agree on Optimal Design of Intermediary Liability Empirical Approaches to Intermediary Liability Abstract and Keywords Kristofer Erickson and Martin Kretschmer Edited by Giancarlo Frosio Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability 1. Volume of Notices Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability 2. Accuracy of Notices Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability (p. 112) 3. Over-Enforcement and Abuse Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability 4. Due Process and Transparency Empirical Approaches to Intermediary Liability 5. Balancing of Responsibilities and Costs Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability 6. Conclusion: Limitations, Gaps, and Future Research Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability Notes: Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability Empirical Approaches to Intermediary Liability The Civic Role of OSPs in Mature Information Societies Abstract and Keywords Mariarosaria Taddeo Edited by Giancarlo Frosio The Civic Role of OSPs in Mature Information Societies 1. Managing Access to Information The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies 2. Human Rights: Harmful Content and Internet Censorship The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies 3. The Civic Role of Osps in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies 4. Conclusion: The Duty of Ethical Governance Notes: The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies The Civic Role of OSPs in Mature Information Societies Intermediary Liability and Fundamental Rights Abstract and Keywords Christophe Geiger, Giancarlo Frosio, and Elena Izyumenko Edited by Giancarlo Frosio Intermediary Liability and Fundamental Rights 1. Users’ Rights (p. 140) 1.1 Freedom of Information and Internet Access Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights 1.2 Freedom of Expression Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights 1.3 Right to Privacy and Data Protection Intermediary Liability and Fundamental Rights 2. OSPs, Freedom of Business, and Innovation 3. IP Owners and Property Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights 4. Conclusions Notes: Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights Intermediary Liability and Fundamental Rights An Overview of the United States’ Section 230 Internet Immunity Abstract and Keywords 1. Pre-Section 230 Law Eric Goldman Edited by Giancarlo Frosio An Overview of the United States’ Section 230 Internet Immunity An Overview of the United States’ Section 230 Internet Immunity 1.1 The Moderator’s Dilemma An Overview of the United States’ Section 230 Internet Immunity 2. Section 230’s Protections for Defendants An Overview of the United States’ Section 230 Internet Immunity An Overview of the United States’ Section 230 Internet Immunity 2.1 Section 230’s Statutory Exclusions An Overview of the United States’ Section 230 Internet Immunity 3. Section 230’s Implications An Overview of the United States’ Section 230 Internet Immunity An Overview of the United States’ Section 230 Internet Immunity 4. Comparative Analysis 4.1 EU’s ‘Right to Be Forgotten’ An Overview of the United States’ Section 230 Internet Immunity An Overview of the United States’ Section 230 Internet Immunity 4.2 EU Electronic Commerce Directive 4.3 The UK Defamation Law An Overview of the United States’ Section 230 Internet Immunity 4.4 Germany’s Network Enforcement Law (NetzDG) 4.5 Brazil’s Internet Bill of Rights An Overview of the United States’ Section 230 Internet Immunity 4.6 Section 230 and Foreign Judgments 5. What’s Next for Section 230? An Overview of the United States’ Section 230 Internet Immunity Notes: An Overview of the United States’ Section 230 Internet Immunity An Overview of the United States’ Section 230 Internet Immunity An Overview of the United States’ Section 230 Internet Immunity An Overview of the United States’ Section 230 Internet Immunity An Overview of the United States’ Section 230 Internet Immunity The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America Abstract and Keywords Juan Carlos Lara Gálvez and Alan M. Sears Edited by Giancarlo Frosio The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 1. Background: Notice and Takedown in the Dmca The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 2. Free Trade Agreements and Notice-and-Takedown Provisions The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 3. Implementation of FTA Intermediary Liability Provisions in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 3.1 A Comparison of Provisions on Effective Notice in FTAs with Latin American Countries The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 3.2 Completed Implementation 3.2.1 Chile The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 3.2.2 Costa Rica The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 3.3 Pending Implementation The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 3.4 The Current Promotion of the DMCA Model in FTAs The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America 4. The Convenience of the Dmca Approach for Notice and Takedown in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America (p. 189) 5. Conclusions The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America Notes: The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Impact of Free Trade Agreements on Internet Intermediary Liability in Latin America The Marco Civil da Internet and Digital Constitutionalism Abstract and Keywords Luiz Fernando Marrey Moncau and Diego Werneck Arguelhes Edited by Giancarlo Frosio The Marco Civil da Internet and Digital Constitutionalism (p. 192) 1. The Civil Rights Framework for the Internet 1.1 The Path Towards the MCI’s Enactment The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism 1.2 The MCI Legislative Process The Marco Civil da Internet and Digital Constitutionalism (p. 198) 2. The ‘MCI on the Books’ 2.1 General Provisions of the MCI The Marco Civil da Internet and Digital Constitutionalism 2.2 Intermediary Liability Rules The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism 2.3 Intermediary Liability Beyond the MCI (p. 202) 3. The MCI in Practice 3.1 The Brazilian Justice System The Marco Civil da Internet and Digital Constitutionalism 3.2 Relevant Decisions in High Courts The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism 3.3 Cases Pending Before the Federal Supreme Court The Marco Civil da Internet and Digital Constitutionalism 4. The MCI and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism 5. Concluding Remarks The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism Notes: The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism The Marco Civil da Internet and Digital Constitutionalism Intermediary Liability in Africa: Looking Back, Moving Forward? Abstract and Keywords Nicolo Zingales Edited by Giancarlo Frosio Intermediary Liability in Africa: Looking Back, Moving Forward? 1. The Slow Rise of the Intermediary Liability Discourse in Africa Intermediary Liability in Africa: Looking Back, Moving Forward? 2. First-generation Liability Limitations 2.1 South Africa Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? (p. 220) 2.2 Ghana 2.3 Zambia Intermediary Liability in Africa: Looking Back, Moving Forward? 2.4 Uganda 3. Interstate Cooperation in the African Region: Implications for Intermediary Liability Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? 4. Second-generation Liability Limitations: the Rise of Hybrid Instruments Intermediary Liability in Africa: Looking Back, Moving Forward? 4.1 Malawi Intermediary Liability in Africa: Looking Back, Moving Forward? 4.2 Ethiopia 4.3 Kenya Intermediary Liability in Africa: Looking Back, Moving Forward? 4.4 South Africa Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? 4.4.1 Liability limitations when you are also ‘cyber-police’: a complex terrain Intermediary Liability in Africa: Looking Back, Moving Forward? (p. 234) 5. Conclusion: The Role of the African Union and the Promise of the South African Model Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? Notes: Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? Intermediary Liability in Africa: Looking Back, Moving Forward? The Liability of Australian Online Intermediaries Abstract and Keywords 1. Liability: Active Intermediaries and Recalcitrant Wrongdoers Kylie Pappalardo and Nicolas Suzor Edited by Giancarlo Frosio The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries 1.1 Consumer Protection Law The Liability of Australian Online Intermediaries 1.2 Defamation The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries 1.3 Vilification (p. 244) 1.4 Copyright The Liability of Australian Online Intermediaries 2. Limiting Devices and their Flaws The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries 3. Conclusions The Liability of Australian Online Intermediaries Notes: The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries The Liability of Australian Online Intermediaries From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia Abstract and Keywords Kyung-Sin Park Edited by Giancarlo Frosio From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 1. China 1.1 Basic Laws and Regulations From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 1.2 Liability-Imposing v Liability-Exempting From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 1.3 Conclusions 2. India 2.1 Basic Laws and Regulations From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 2.2 Liability-Imposing v Liability-Exempting From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 2.3 Dialectical Turn of Singhal From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 2.4 Conclusions From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 3. Japan 3.1 Basic Laws and Regulations From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 3.2 Comparison With Other Safe Harbours From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 3.3 Conclusions 4. Indonesia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 5. Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 6. South Korea 6.1 Introduction: Basic Laws and Regulations From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 6.2 Proof: Intermediary Behaviour and Courts’ Expansionist Interpretation From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia (p. 274) 6.3 Origins: Syntactical Error in Adopting Section 512 of the DMCA? From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 6.4 Conclusions From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia 7. Epilogue Notes: From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability Abstract and Keywords Danny Friedmann Edited by Giancarlo Frosio China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability 1. Intermediary Liability for Trade mark Infringement China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability 1.1 Establish Internal Procedures and Enforce Accordingly China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability 1.2 Appropriate Reasonable Measures in the Case of Repeat Infringement (p. 286) 1.3 Inferences China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability 2. Intermediary Liability in the Case of Copyright Liability 2.1 Non-Interference China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability 2.2 Removal after a Notice-and-Takedown Request China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability 2.3 Necessary Measures 2.4 No Financial Benefits 2.5 Inducement and Contributory Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability (p. 292) 2.6 Non-Interference 3. Conclusions China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability Notes: China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability A New Liability Regime for Illegal Content in the Digital Single Market Strategy Abstract and Keywords Maria Lillà Montagnani Edited by Giancarlo Frosio A New Liability Regime for Illegal Content in the Digital Single Market Strategy 1. The Issue of Illegal Content within the DSM Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy 2. Copyright-Infringing Content and the Copyright in the DSM Directive A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy 3. Harmful Content within the Reformed AudioVisual Media Service Directive A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy 4. Misleading content and the Unfair Commercial Practices Directive A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy 5. Final Remarks A New Liability Regime for Illegal Content in the Digital Single Market Strategy Notes: A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy A New Liability Regime for Illegal Content in the Digital Single Market Strategy Harmonizing Intermediary Copyright Liability in the EU: A Summary Abstract and Keywords Christina Angelopoulos Edited by Giancarlo Frosio Harmonizing Intermediary Copyright Liability in the EU: A Summary 1. The Current Incomplete EU Framework for Intermediary Liability in Copyright Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary 2. The National Regimes on Intermediary Liability in Copyright (p. 320) 2.1 Intra-Copyright Solutions Harmonizing Intermediary Copyright Liability in the EU: A Summary (p. 322) 2.2 Tort-Based Solutions Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary 2.3 Injunction-Based Solutions Harmonizing Intermediary Copyright Liability in the EU: A Summary 3. Intermediary Liability and Tort Law Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary 4. Building a Complete Framework for European Intermediary Liability in Copyright Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary 5. Closing Remarks Notes: Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary Harmonizing Intermediary Copyright Liability in the EU: A Summary The Direct Liability of Intermediaries Abstract and Keywords Eleonora Rosati Edited by Giancarlo Frosio The Direct Liability of Intermediaries 1. The right of communication to the public as construed through case law The Direct Liability of Intermediaries The Direct Liability of Intermediaries 2. Liability of Platform Operators for the Making of Acts of Communication to the Public: The Pirate Bay Case The Direct Liability of Intermediaries The Direct Liability of Intermediaries The Direct Liability of Intermediaries 3. Applicability of C-610/15 Stichting Brein to Less Egregious Scenarios The Direct Liability of Intermediaries The Direct Liability of Intermediaries 4. Other Implications: Primary/Secondary Liability and Safe Harbours The Direct Liability of Intermediaries 5. Conclusion The Direct Liability of Intermediaries Notes: The Direct Liability of Intermediaries The Direct Liability of Intermediaries The Direct Liability of Intermediaries The Direct Liability of Intermediaries The Direct Liability of Intermediaries The Direct Liability of Intermediaries Secondary Copyright Infringement Liability and User-Generated Content in the United States Abstract and Keywords Jack Lerner Edited by Giancarlo Frosio Secondary Copyright Infringement Liability and User-Generated Content in the United States 1. Secondary Copyright Infringement in Common Law Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States 2. The Digital Millennium Copyright Act Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States 2.1 Actual and ‘Red Flag’ Knowledge Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States 2.2 Wilful Blindness 2.3 Right and Ability to Control Secondary Copyright Infringement Liability and User-Generated Content in the United States 3. User-Generated Content in The Shadow of The DMCA and Case Law Secondary Copyright Infringement Liability and User-Generated Content in the United States 3.1 Technological Measures Secondary Copyright Infringement Liability and User-Generated Content in the United States 3.2 Government Enforcement Efforts 4. Policy Activity Secondary Copyright Infringement Liability and User-Generated Content in the United States 4.1 Stop Online Piracy Act and Companion Bills 4.2 US Department of Commerce Internet Policy Task Force Secondary Copyright Infringement Liability and User-Generated Content in the United States 4.3 US House Judiciary Committee Copyright Review 44 US Copyright Office Study 5. Secondary Copyright Infringement Liability for Online Intermediaries Outside the United States 5.1 International Treaties and Trade Agreements Secondary Copyright Infringement Liability and User-Generated Content in the United States 5.2 European Union 6. Conclusions Secondary Copyright Infringement Liability and User-Generated Content in the United States Notes: Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States Secondary Copyright Infringement Liability and User-Generated Content in the United States Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Abstract and Keywords Frederick Mostert Edited by Giancarlo Frosio Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches 1. The ‘Ratio’ Principles of Intermediary Responsibility—International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches 1.1 Injunctions for Blocking Websites by ISPs Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches (p. 376) 2. The Ius Gentium of Voluntary Measures—International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches 2.1 Freedom of Expression, Competition, and Data Protection Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches (p. 380) 3. Conclusions Notes: Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Abstract and Keywords Martin Senftleben Edited by Giancarlo Frosio Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? 1. Trade Mark Rights Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? 1.1 Inherent Limits Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? 1.2 Context-Specific Infringement Analysis 2. Limitations of Trade Mark Rights 2.1 Commercial Freedom of Expression Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? 2.2 Artistic and Political Freedom of Expression Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? 2.3 Context-Specific Limitations Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? 3. Developments in Case Law (p. 396) 3.1 Guidelines at EU Level Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? 3.2 Application in Civil Law Jurisdictions Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? 3.3 Need for Balanced, Proportionality-Based Approach 4. Conclusions Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Notes: Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: Proliferation of Filter Obligations in Civil Law Jurisdictions? Intermediary Liability and Trade Mark Infringement: A Common Law Perspective Abstract and Keywords Richard Arnold Edited by Giancarlo Frosio Intermediary Liability and Trade Mark Infringement: A Common Law Perspective (p. 406) 1. Who are Online Intermediaries? Intermediary Liability and Trade Mark Infringement: A Common Law Perspective 2. Primary Liability of Intermediaries for Trade Mark Infringement 2.1 Use of the Sign Complained of by the Intermediary Intermediary Liability and Trade Mark Infringement: A Common Law Perspective 2.2 Use of the Sign in the Relevant Territory Intermediary Liability and Trade Mark Infringement: A Common Law Perspective 2.3 Counterfeit Goods and Grey Goods 2.4 Articles 12 to 14 of the e-Commerce Directive Intermediary Liability and Trade Mark Infringement: A Common Law Perspective 3. Accessory Liability of Intermediaries for Trade Mark Infringement 3.1 Accessory Liability of Intermediaries for Trade Mark Infringement under English Law Intermediary Liability and Trade Mark Infringement: A Common Law Perspective (p. 413) 3.2 Article 14 of the e-Commerce Directive Intermediary Liability and Trade Mark Infringement: A Common Law Perspective (p. 414) 4. Injunctions Against Intermediaries Whose Services are Used to Infringe Trade Marks Intermediary Liability and Trade Mark Infringement: A Common Law Perspective (p. 415) 4.1 Jurisdiction of the Courts of England and Wales to Grant Injunctions Against Intermediaries in Trade Mark Cases Intermediary Liability and Trade Mark Infringement: A Common Law Perspective 4.2 Website-Blocking Injunctions: Threshold Conditions (p. 417) 4.3 Website-Blocking Injunctions: Applicable Principles Intermediary Liability and Trade Mark Infringement: A Common Law Perspective Intermediary Liability and Trade Mark Infringement: A Common Law Perspective 4.4 Website-Blocking Injunctions: Application to Trade Mark Cases Intermediary Liability and Trade Mark Infringement: A Common Law Perspective (p. 420) 4.5 Other Kinds of Injunctions Against Intermediaries in Trade Mark Cases Notes: Intermediary Liability and Trade Mark Infringement: A Common Law Perspective Intermediary Liability and Trade Mark Infringement: A Common Law Perspective Intermediary Liability and Trade Mark Infringement: A Common Law Perspective Intermediary Liability and Trade Mark Infringement: A Common Law Perspective Intermediary Liability and Trade Mark Infringement: A Common Law Perspective Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Abstract and Keywords (p. 422) 1. Problem Definition Reto M. Hilty and Valentina Moscon Edited by Giancarlo Frosio Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement 2. Online Intermediaries: Walking a Tightrope Between Immunity from Liability and Remedies 2.1 Safe Harbours Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement 2.2 Injunctions Against Online Intermediaries 3. Unfair Commercial Practices via Online Intermediaries 3.1 Unfair Commercial Practices Definition Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement 3.2 Is the Online Intermediary a ‘Trader’ that Performs ‘Commercial Practices’? Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement (p. 431) 3.3 The Interplay Between the UCPs Directive and e-Commerce Directive Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement 3.4 Protection of Consumers’ Interests vs IPRs’ Protection Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement 4. Trade Secrets Infringement via OIs Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement (p. 435) 4.1 Protection of Undisclosed Know-How and Business Information (Trade Secrets) Within the EU: Overview 4.2 Unlawful Acquisition, Use, and Disclosure of Trade Secrets by Third Parties Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement 4.3 Remedies Against Third Parties Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement 4.4 The Interplay Between Trade Secrets Directive and the e-Commerce Directive Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement 4.5 Trade Secrets and IPRs’ Enforcement Against Third Parties 5. Assessment Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Notes: Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Abstract and Keywords Emily Laidlaw Edited by Giancarlo Frosio Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 1. Legal Context Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 1.1 Common Law 1.2 Statutory Approaches Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 2. Proposal for Reform Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide (p. 452) 2.1 Common Law 2.2 Notice-and-Notice-Plus Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 3. Notice-and-Notice-Plus Beyond Defamation Law Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 3.1 NN+ Requires the Speech to Be Unlawful but Other Forms of Speech Are Harmful Too Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 3.2 Speech Regulation for Which NN+ is Clearly Unsuitable Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 3.3 Case Study: Terrorist Content Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 3.4 Case Study: Hate Speech Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide 4. Conclusions Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notes: Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Notice-and-Notice-Plus: A Canadian Perspective Beyond the Liability and Immunity Divide Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Abstract and Keywords Tarlach McGonagle Edited by Giancarlo Frosio Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation 1. The European Regulatory Framework 1.1 The Council of Europe Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation 1.2 The European Union Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation 2. Geometrical Shifts Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation 3. Conclusions Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Notes: Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation The Right to Be Forgotten in the European Union Abstract and Keywords Miquel Peguera Edited by Giancarlo Frosio The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union 1. The Right to be Forgotten Vis-à-Vis Search Engines 1.1 Google Spain The Right to Be Forgotten in the European Union 1.2 Delisting in Numbers The Right to Be Forgotten in the European Union 1.3 Balancing Rights The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union 1.4 Geographical Scope The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union 1.5 Sensitive Data The Right to Be Forgotten in the European Union 2. The Right to be Forgotten Vis-à-Vis Primary Publishers The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union 3. Conclusions Notes: The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union The Right to Be Forgotten in the European Union Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Abstract and Keywords Eduardo Bertoni Edited by Giancarlo Frosio Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 1. The Belén Rodriguez Case: Something New Under the Sun? 1.1 Previous and Actual Knowledge Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 1.2 Explicit Illegality of the Content 1.3 Negligent Response Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 2. Trends in Latin America: What do they Follow? 2.1 Chile Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 2.2 Colombia Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 2.3 Mexico Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 2.4 Peru Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 2.5 Uruguay Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 3. The Right to Privacy and the Right to Freedom of Expression Under the Inter American System of Human Rights and its Impact on the Right to be Forgotten Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules 4. Conclusions Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Notes: Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression Abstract and Keywords Aleksandra Kuczerawy Edited by Giancarlo Frosio From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression (p. 527) 1. Impact on Freedom of Expression From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 2. Notice and TakeDown 2.1 General 2.2 Variations of the Mechanism From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression (p. 530) 2.3 Risks and Safeguards for Freedom of Expression 2.3.1 Foreseeability From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 2.3.2 Abusive requests 2.3.3 Notification and counter-notification From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 3. Notice and Notice 3.1 General From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 3.2 Variations of the Mechanism 3.3 Risks and Safeguards for Freedom of Expression 3.3.1 Foreseeability From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 3.3.2 Decision-making bodies From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 3.3.3 Severity of the response From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 4. Notice and Stay Down 4.1 General 4.2 Judicial Construct From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 4.3 Risks and Safeguards for Freedom of Expression 4.3.1 General v specific monitoring From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 4.3.2 Clear and precise notifications 4.3.3 Appeal procedure From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression 5. Conclusions From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression Notes: From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression Monitoring and Filtering: European Reform or Global Trend? Abstract and Keywords Giancarlo Frosio and Sunimal Mendis Edited by Giancarlo Frosio Monitoring and Filtering: European Reform or Global Trend? (p. 545) 1. OSP as a ‘Mere Conduit’: ‘No Monitoring’ Obligations Monitoring and Filtering: European Reform or Global Trend? 2. From ‘Mere Conduits’ to ‘Gate-Keepers’? The Global Shift in Intermediary Liability Monitoring and Filtering: European Reform or Global Trend? (p. 548) 2.1 Case Law Monitoring and Filtering: European Reform or Global Trend? 2.1.1 The European experience Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? 2.2 Private Ordering: Emerging Industry Practice Monitoring and Filtering: European Reform or Global Trend? 3. The EU Copyright Directive in the Digital Single Market: Legitimation through Legislation? Monitoring and Filtering: European Reform or Global Trend? 3.1 Definition of an OCSSP Monitoring and Filtering: European Reform or Global Trend? 3.2 A General Monitoring Obligation? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? 4. Effect on Fundamental Rights Monitoring and Filtering: European Reform or Global Trend? 5. Conclusions Monitoring and Filtering: European Reform or Global Trend? Notes: Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Monitoring and Filtering: European Reform or Global Trend? Blocking Orders: Assessing Tensions with Human Rights Abstract and Keywords Christophe Geiger and Elena Izyumenko Edited by Giancarlo Frosio Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights 1. A Freedom of Expression Perspective on Website Blocking: The Emergence of User Rights 1.1 User Rights Blocking Orders: Assessing Tensions with Human Rights 1.2 Collateral Effects of Blocking: The Risk of Overblocking Blocking Orders: Assessing Tensions with Human Rights (p. 574) 1.3 The ‘Value’ of Content Blocking Orders: Assessing Tensions with Human Rights 1.4 Alternative Means of Accessing Information Blocking Orders: Assessing Tensions with Human Rights 2. A Freedom to Conduct a Business Perspective on Website Blocking: The (Rising) Role of the ISPS in Digital Copyright Enforcement 2.1 Costs and Complexity of Blocking Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights 2.2 Availability of Reasonable Alternatives (Subsidiarity) Blocking Orders: Assessing Tensions with Human Rights (p. 581) 3. A Right to Property Perspective on Website Blocking: Effectiveness of the Blocking Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights 4. Recent EU Copyright Reform and its Effects on Website Blocking and Fundamental Rights Blocking Orders: Assessing Tensions with Human Rights 5. Conclusions Notes: Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Blocking Orders: Assessing Tensions with Human Rights Administrative Enforcement of Copyright Infringement in Europe Abstract and Keywords Alessandro Cogo and Marco Ricolfi Edited by Giancarlo Frosio Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe 1. The European Landscape: Spain, Italy, and Greece Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe 2. The Legal Context 2.1 International and EU Legislative Provisions 2.1.1 TRIPs (p. 593) 2.1.2 The EU Administrative Enforcement of Copyright Infringement in Europe 2.1.3 The EU Charter of Fundamental Rights 2.2 Domestic Legal Basis Administrative Enforcement of Copyright Infringement in Europe 3. The Essential Features 3.1 The Independence of the Public Bodies Entrusted with the Task 3.2 Protected Subject Matter and Violations Administrative Enforcement of Copyright Infringement in Europe 3.3 Parties 3.4 Procedure Administrative Enforcement of Copyright Infringement in Europe 3.5 Abbreviated Proceedings and Protective Orders 3.6 Costs Administrative Enforcement of Copyright Infringement in Europe 3.7 Remedies 3.8 Transparency 3.9 Double Track 3.10 Review Administrative Enforcement of Copyright Infringement in Europe 3.11 Safeguards against Abuse (p. 603) 4. The AGCOM Regulation in Practice: A Case Study 4.1 Transparency Administrative Enforcement of Copyright Infringement in Europe 4.2 Protected Subject Matter Administrative Enforcement of Copyright Infringement in Europe 4.3 Scope of Violations 4.4 Remedies Administrative Enforcement of Copyright Infringement in Europe 4.5 Relevance of the Principle of Proportionality Administrative Enforcement of Copyright Infringement in Europe Notes: Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Administrative Enforcement of Copyright Infringement in Europe Accountability and Responsibility of Online Intermediaries Abstract and Keywords Giancarlo Frosio and Martin Husovec Edited by Giancarlo Frosio Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries 1. Tools for Increasing Responsibility 1.1 Graduated Response Accountability and Responsibility of Online Intermediaries (p. 617) 1.2 Changes to Online Search Results (p. 618) 1.3 Payment Blockades and Follow the Money Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries 1.4 Private DNS Content Regulation 1.5 Standardization Accountability and Responsibility of Online Intermediaries 1.6 Codes of Conduct 1.7 Filtering Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries 1.8 Website-Blocking 2. Mechanisms and Legal Challenges 2.1 Market and Private Ordering Accountability and Responsibility of Online Intermediaries 2.2 Corporate Social Responsibility Accountability and Responsibility of Online Intermediaries (p. 628) 2.3 Involuntary Cooperation in IP Rights Enforcement Accountability and Responsibility of Online Intermediaries 2.4 Public Deal-Making 2.4 Circulation of Solutions (p. 630) 3. Conclusions Accountability and Responsibility of Online Intermediaries Notes: Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries Accountability and Responsibility of Online Intermediaries Addressing Infringement: Developments in Content Regulation in the US and the DNS Abstract and Keywords Annemarie Bridy Edited by Giancarlo Frosio Addressing Infringement: Developments in Content Regulation in the US and the DNS Addressing Infringement: Developments in Content Regulation in the US and the DNS 1. ICANN, the DNS, and DNS Intermediaries Addressing Infringement: Developments in Content Regulation in the US and the DNS (p. 635) 2. The History of Intellectual Property Enforcement in the DNS 2.1 The UDRP Addressing Infringement: Developments in Content Regulation in the US and the DNS 3. ICANN’s new gTLD Programme and IP Stakeholder Demands Addressing Infringement: Developments in Content Regulation in the US and the DNS 4. Expanding IP Enforcement in the DNS: Within and Without ICANN Addressing Infringement: Developments in Content Regulation in the US and the DNS 4.1 Present Arrangements: ‘Trusted Notifier’ Agreements Addressing Infringement: Developments in Content Regulation in the US and the DNS Addressing Infringement: Developments in Content Regulation in the US and the DNS (p. 641) 4.1.1 The trusted notifier model and the UDRP compared Addressing Infringement: Developments in Content Regulation in the US and the DNS 4.2 Future Plans: A Copyright-Specific UDRP? Addressing Infringement: Developments in Content Regulation in the US and the DNS 4.2.1 The DNA’s copyright ADRP 4.2.2 PIR’s SCDRP Addressing Infringement: Developments in Content Regulation in the US and the DNS Addressing Infringement: Developments in Content Regulation in the US and the DNS 5. Conclusions Notes: Addressing Infringement: Developments in Content Regulation in the US and the DNS Addressing Infringement: Developments in Content Regulation in the US and the DNS Addressing Infringement: Developments in Content Regulation in the US and the DNS Addressing Infringement: Developments in Content Regulation in the US and the DNS Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Abstract and Keywords Sergei Hovyadinov Edited by Giancarlo Frosio Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet 1. Russian Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet 2. The Evolution of Internet Regulations and ISP Liability Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet 3. How the Government Relies on Intermediaries 3.1 Content Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet 3.2 Surveillance Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet 4. Compliance Dilemma Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet 5. Transparency and Compliance with Human Rights Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet (p. 668) 6. Conclusions Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Notes: Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Intermediary Liability in Russia and the Role of Private Business in the Enforcement of State Controls over the Internet Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law Abstract and Keywords Niva Elkin-Koren and Maayan Perel Edited by Giancarlo Frosio Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law 1. Content Moderation by Platforms and The Rule of law Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law 2. Barriers to Accountability Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law 3. Enhancing Intermediaries’ Oversight Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law 4. Future Challenges Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law Notes: Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law Guarding the Guardians: Content Moderation by Online Intermediaries and the Rule of Law Algorithmic Accountability: Towards Accountable Systems Abstract and Keywords Ben Wagner Edited by Giancarlo Frosio Algorithmic Accountability: Towards Accountable Systems 1. Accountable to whom? 2. Accountability for what? Algorithmic Accountability: Towards Accountable Systems 3. Challenges with Algorithmic Accountability 3.1 Access to the Algorithmic System Algorithmic Accountability: Towards Accountable Systems 3.2 Verification 3.3 Aggregation 3.4 Measuring the Effect of a System on User Behaviour 3.5 Users’ Interpretation of the Capabilities of the Systems They are Using 3.6 Improving the Quality of Technical Systems Algorithmic Accountability: Towards Accountable Systems 3.7 Accountability of the Socio-Technical System (p. 685) 4. What does Algorithmic Accountability mean in the context of Intermediary Liability Online? Algorithmic Accountability: Towards Accountable Systems Algorithmic Accountability: Towards Accountable Systems 5. Conclusions Algorithmic Accountability: Towards Accountable Systems Notes: Algorithmic Accountability: Towards Accountable Systems Algorithmic Accountability: Towards Accountable Systems Algorithmic Accountability: Towards Accountable Systems Internet Jurisdiction and Intermediary Liability Abstract and Keywords Dan Jerker B. Svantesson Edited by Giancarlo Frosio Internet Jurisdiction and Intermediary Liability 1. Internet Intermediaries and Jurisdiction Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability (p. 695) 2. Terms of Service, Jurisdiction, and Choice of Law Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability (p. 697) 3. Access to Evidence and Jurisdiction Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability 4. Scope of Jurisdiction of Content Blocking Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability 5. Concluding Remarks Internet Jurisdiction and Intermediary Liability Notes: Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability Internet Jurisdiction and Intermediary Liability The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet Abstract and Keywords Michael Geist Edited by Giancarlo Frosio The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 1. Where it all Began: The Yahoo France Case The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 2. Equustek Solutions v Google: Internet Jurisdiction Hits Canada’s Highest Court The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 3. Supreme Court of Canada Hearing The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 4. The Supreme Court of Canada Decision The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 5. After Equustek: The Risks of Global Takedown Orders From National Courts The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 5.1 Conflicting Court Orders The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 5.2 Expanding Equustek The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 5.3 Expanding Intermediary Power The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet 6. Conclusions Notes: The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation Abstract and Keywords Bertrand de La Chapelle and Paul Fehlinger Edited by Giancarlo Frosio Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 1. National Jurisdictions and Cross-Border Data Flows and Services 1.1 Conflicting Territorialities Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 1.2 A Challenge for All Stakeholders Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 1.3 A Core Issue of Internet Governance Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 2. A Legal Arms Race in Cyberspace? (p. 733) 2.1 Extraterritoriality Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 2.2 Digital Sovereignty Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation (p. 735) 2.3 Paradoxes of Sovereignty 3. Limits to International Cooperation Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 3.1 Obstacles to Multilateral Efforts Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 3.2 MLATs: The Switched Network of International Cooperation Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 4. A Dangerous Path Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 4.1 Economic Impacts Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 4.2 Human Rights Impacts 4.3 Technical Infrastructure Impacts Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 4.4 Security Impacts Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 5. Filling the Institutional Gap in Internet Governance 5.1 Lessons from the Technical Governance ‘of’ the Internet Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 5.2 Evolution of the Ecosystem: Governance ‘on’ the Internet Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 5.3 Enabling Issue-Based Multistakeholder Cooperation Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 6. Towards Transnational Frameworks 6.1 Procedural Interoperability Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation (p. 747) 6.2 Governance through Policy Standards Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation 7. Conclusions Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation Notes: Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation (p. 749) Index (p. 749) Index Edited by Giancarlo Frosio (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index (p. 749) Index