• Research Paper on:
    Liability Issues and UK Internet Service Providers

    Number of Pages: 12

     

    Summary of the research paper:

    In five pages issues pertaining to UK Internet service providers and avoidance of liability issues through the location of servers outside the United Kingdom are examined in terms of pertinent court cases such as 1999's Godfrey v. Demon. Fifteen sources are listed in the bibliography.

    Name of Research Paper File: TS14_TEintlib.rtf

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    Unformatted Sample Text from the Research Paper:
    One issue that is at the centre of many Internet Service Provider (ISP) concerns is the issue of liability. There are several areas of liability where an ISP may be  involved in legal actions, these include issues such as deformation, intellectual property rights, crime detection, the maintenance of the Data Protection (JISC, 2002). One solution that has been pout forward  by some is that the ISPs could place the servers where the information is held outside the UK and therefore outside the jurisdiction of the UK courts. This is the  issue that will be discussed n this paper. The issue of liability has been as concern for ISPs for some time, and the desire to change the law has  been a pressure placed by ISPs on the government since 1996 (Hardy, 1997). It sis at this time there was an indication that under UK law ISPs would not  be classified as traditional telecommunications carrier with an immunity for what was said or published on the services they provided (JISC, 2002). The "conduit immunity" that many ISP have enjoyed  can be seen as gradually disappearing with greater liability foisted upon the ISPs. This has been shown in cases such as Godfrey v Demon (1999), where it was the principles  of a former case Bynre v Deane (1937) that were applied, where there was a direct comparison made between the word published on the internet and the physical printing or  writing of words that were posted for public attention (JISC, 2002). The Demon case is well known, where defamatory statements published on Demon web sites. A similar case was that  of Totalise PLC v Motley Fool Ltd where it was found that the Data protection act could not be used by the ISP to refuse to give details to a 

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