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The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US Folkert Wilman

The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US By Folkert Wilman

The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US by Folkert Wilman


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The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US Summary

The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US by Folkert Wilman

This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users' rights.

Key features include:
* discussion of the fundamental rights implications of increased intermediary responsibility
* critical appraisal of the current EU system, as laid down in the e-Commerce Directive, and recommendations for reform
* a detailed examination of US intermediary liability law, namely Section 230 CDA and Section 512(c) DMCA
* an overview of key developments in law and in practice in relation to all types of illegal online content, including copyright-infringing content, child sexual abuse material, terrorist content and hate speech
* analysis of the latest regulatory developments, including the copyright in the DSM Directive, the amended Audiovisual Media Directive and the Terrorist Content Regulation.

This incisive book will be a key resource for practitioners and policy makers working on issues relating to intermediary liability and illegal online content. Deploying the relevant case law, legal literature and legislative history of the topic, it will also be of value to students and academics in the field.

The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US Reviews

'Folkert Wilman invites us to a journey into a virtual world where it is easy to formulate questions, but extremely difficult to answer them. In his analysis he displays remarkable knowledge, coupled with professional experience. [...] His book will definitely contribute to the ongoing discussion not only on both sides of the Atlantic, but in the entire world. It will constitute an extraordinarily valuable point of reference for lawmakers and courts, including, I believe, the Court of Justice.'

About Folkert Wilman

Folkert Wilman, Member of the Legal Service of the European Commission, Belgium

Table of Contents

Contents: Preface 1. Introduction Part I: European Union 2. Art. 14 e-Commerce Directive 3. Art. 15 e-Commerce Directive and recent measures Part II: United States 4. Section 230 CDA 5. Section 512 DMCA Part III: Interests, fundamental rights and private speech regulation 6. Interests at stake 7. Fundamental rights 8. Private speech regulation Part IV: Assessment, recommendations and conclusions 9. Assessment 10. Completing the current regime 11. Towards a double-sided duty of care 12. Conclusions Bibliography Index

Additional information

NPB9781839104824
9781839104824
1839104821
The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US by Folkert Wilman
New
Hardback
Edward Elgar Publishing Ltd
20201120
456
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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