Lecture Notes in Education Psychology and Public Media

- The Open Access Proceedings Series for Conferences


Lecture Notes in Education Psychology and Public Media

Vol. 55, 06 June 2024


Open Access | Article

Research on the Judgement Standard of the Duty of Care of Internet Service Providers

Shuojia Gao * 1
1 North China University of Science and Technology

* Author to whom correspondence should be addressed.

Lecture Notes in Education Psychology and Public Media, Vol. 55, 114-120
Published 06 June 2024. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Shuojia Gao. Research on the Judgement Standard of the Duty of Care of Internet Service Providers. LNEP (2024) Vol. 55: 114-120. DOI: 10.54254/2753-7048/55/20240059.

Abstract

The internet service provider’s tort liability for general fault tort liability, which means that network service providers bear the tort liability need to subjective fault for the elements, then for the network service provider's subjective fault judgement standard objectively to rise to the network service provider's reasonable duty of care judgement standard above the problem. Up to now, about the network service provider's duty of care standard judgement is still no clear provisions, in the legal and judicial fields are more controversial. This paper explores these issues through an analysis of trial practices, seeking to establish a more standardized approach to evaluating ISPs' duty of care. The findings suggest that adopting the "good manager" standard could significantly enhance the clarity and effectiveness of managing ISPs' tort liabilities. It proposes the establishment of a dedicated management association within ISPs to implement and oversee these management policies consistently across the sector. This approach aims to not only define but also enforce a reasonable duty of care standard that is both fair and practicable.

Keywords

civil and commercial law, economic law, internet service providers, duty of care

References

1. Lu Kepan, jurisprudence, The responsibility of network service providers in the new media era-from the perspective of network video copyright infringement(2023) the sixth period

2. Meng Sun, Open Journal of Statistics(2023) the forth period, Modeling Cyber Loss Severity Using a Spliced Regression Distribution with Mixture Components

3. European Union(2016) General Deta Protection Regulation.

4. Xu Xiujun, Lin Kaiwen,China International Studies, Global Economic Governance Reform and China’s Strategy in the Digital Age (2022) the second period

5. Xinghui Liu, Open Journal of Statistics(2023) the eleventh period, The Failure and Response of Risk Prevention Regulations: Taking Privacy Computing as an Example

6. Ning Yuan, Journal of Chongqing University Social Science Edition, Double Duty of Care in Copyright Infringement of Internet Service Providers

7. Sun Haoxiang, Professional degree thesis of East China University of Political Science and Law, Research on the objectification of the duty of care of network service providers

8. Zhai Jingfang, Tang Feifei, Post-censorship obligations of Internet information service providers-from the perspective of Internet advertising

9. Zhao Tao, Social Sciences of Xiamen University, Series l, Research on the subjective elements of network copyright infringement

10. Cheng Qiuyan, Henan University Social Science series l,Study on the standard of Duty of care of gratuitous managers

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this series agree to the following terms:

1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this series.

2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this series.

3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).

Volume Title
Proceedings of the 3rd International Conference on International Law and Legal Policy
ISBN (Print)
978-1-83558-473-6
ISBN (Online)
978-1-83558-474-3
Published Date
06 June 2024
Series
Lecture Notes in Education Psychology and Public Media
ISSN (Print)
2753-7048
ISSN (Online)
2753-7056
DOI
10.54254/2753-7048/55/20240059
Copyright
06 June 2024
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated