Mine Host is Searching for a ‘Neutrality’ Principle
12 Pages Posted: 12 Nov 2009 Last revised: 30 Nov 2009
Date Written: November 11, 2009
This article examines the Advocate General's comments on the 'hosting' provision of the eCommerce Directive (00/31/EC). He appears to suggests the existence of a 'neutrality' principle in respect of intermediary liability, which operates irrespective of an intermediary's knowledge about the legality or otherwise of the hosted content. This article critically examines this suggestion within the broader debate about the role and responsibilities of intermediaries in a cyberspace context.
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