Accountability and Responsibility of Online Intermediaries

in Giancarlo Frosio (ed.), The Oxford Handbook of Online Intermediary Liability (Oxford University Press, 2019, Forthcoming)

17 Pages Posted: 20 Sep 2019

See all articles by Giancarlo Frosio

Giancarlo Frosio

Université de Strasbourg - CEIPI; Stanford University - Stanford Law School Center for Internet and Society

Martin Husovec

London School of Economics - Law Department; Stanford University - Stanford Law School Center for Internet and Society

Date Written: September 10, 2019

Abstract

This chapter of the Oxford Handbook of Online Intermediary Liability summarizes recent developments in intermediary liability theory with special emphasis on the emergence of voluntary measures and private ordering. Looking at the legal liability rules always tells only half of a story. Legal rules are often only basic expectations which are further developed through market transactions, business decisions, and political pressure. Therefore, the real responsibility landscape is equally determined by a mixture of voluntary agreements, self-regulation, corporate social responsibility, and ad-hoc deal-making. Accountability schemes can differ significantly, ranging from legal entitlements to request assistance in enforcement to entirely voluntary private-ordering schemes. This chapter provides a mapping of these basic approaches in order to illustrate the richness and trade-offs associated with such measures. Miscellaneous policy and enforcement tools, such as monitoring and filtering, graduated response, payment blockades and follow-the-money strategies, private DNS content regulation, online search manipulation, are discussed to complement the typical legal liability view of the regulation of intermediaries. The discussion of these enforcement strategies will be framed within the investigation of notions such as market and private ordering, corporate social responsibility, assistance in enforcement of innocent third-party made accountable although not liable and public deal making.

Keywords: internet, law, platforms, intermediary liability, accountability, responsibility, private ordering, voluntary measures, online market, self-regulation, copyright, trademark, intellectual property, freedom of speech, privacy, freedom of business

Suggested Citation

Frosio, Giancarlo and Husovec, Martin, Accountability and Responsibility of Online Intermediaries (September 10, 2019). in Giancarlo Frosio (ed.), The Oxford Handbook of Online Intermediary Liability (Oxford University Press, 2019, Forthcoming), Available at SSRN: https://ssrn.com/abstract=3451220 or http://dx.doi.org/10.2139/ssrn.3451220

Giancarlo Frosio (Contact Author)

Université de Strasbourg - CEIPI ( email )

11 Rue de Marechal Juin
BP68
Strasbourg
France

HOME PAGE: http://www.ceipi.edu/en/ceipi/the-ceipi-team/giancarlo-frosio/

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

HOME PAGE: http://https://cyberlaw.stanford.edu/about/people/giancarlo-frosio

Martin Husovec

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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