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Essay / Research Paper Abstract
This 12 page paper (including an annotated bibliography) consider whether UKL internet providers would be able to avoid liability issues by locating servers outside the UK. The paper includes discussion on jurisdiction issues, compares the internet to newspapers and relevant cases and decision that indicates a changing perceptive by the UK courts since the case of Godfrey v Demon (1999). The bibliography cites 15 sources.
Page Count:
12 pages (~225 words per page)
File: TS14_TEintlib.rtf
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Unformatted sample text from the term 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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