The exponential developments of internet services and resources have brought enormous benefits, but also enormous moral and ethical challenges. This paper introduces the contributions from a research workshop, tasked with defining new ethical responsibilities for Internet Service Providers (ISPs).

Going Native: The Value in Reconceptualizing International Internet Service Providers as Domestic Media Outlets Content Type Journal Article Category Special Issue Pages 391-409 DOI 10.1007/s13347-011-0045-4 Authors Sarah Oates, School of Social and Political Sciences, University of Glasgow, Adam Smith Building, G12 8RT Scotland, UK Journal Philosophy & Technology Online ISSN 2210-5441 Print ISSN 2210-5433 Journal Volume Volume 24 Journal Issue Volume 24, Number 4.

The paper examines today’s debate on the new responsibilities of Internet service providers in connection with legal problems concerning jurisdiction, data processing, people’s privacy and education. The focus is foremost on the default rules and safe harbour clauses for ISPs liability, set up by the US and European legal systems. This framework is deepened in light of the different functions of the services provided on the Internet so as to highlight multiple levels of control over information and, (...) correspondingly, different types of liability. The new responsibilities of ISPs concern the original “end-to-end” architecture of the medium and policies on design rather than responsibility for user content and individual messages. (shrink)

The Internet and Internet applications such as cloud computing continue to grow at an extraordinary rate, enabled by the Internet's open architecture and the vibrant lightly regulated Internet service provider (ISP) market. Proposals to hold ISPs responsible for content and software shared by their customers would dramatically constrain the openness and innovation that has been the hallmark of the Internet to date. Rather than taking the kind of approach favored by Raphael Cohen-Almagor, government (...) should enlist the assistance of other intermediaries such as credit card companies in targeted actions against illegal activities online. In addition, they should foster improved online authentication, which could support “zones of trust” on the Internet. (shrink)

This essay examines some ethical aspects of stalkingincidents in cyberspace. Particular attention is focused on the Amy Boyer/Liam Youens case of cyberstalking, which has raised a number of controversial ethical questions. We limit our analysis to three issues involving this particular case. First, we suggest that the privacy of stalking victims is threatened because of the unrestricted access to on-linepersonal information, including on-line public records, currently available to stalkers. Second, we consider issues involving moral responsibility and legal liability for (...) class='Hi'>Internet service providers (ISPs) when stalking crimesoccur in their `space' on the Internet. Finally, we examine issues of moral responsibility for ordinary Internet users to determine whether they are obligated to inform persons whom they discover to be the targets of cyberstalkers. (shrink)

At common law, contributory infringement for copyright infringement requires "knowledge" of the infringing activity by a direct infringer before secondary liability can attach. In the USA, the "safe harbor" provisions of the Digital Millennium Copyright Act, that shield Internet Service Providers from secondary copyright liability, are concomitantly available only to ISPs that lack the common law knowledge prerequisites for such liability. But this leads to the question of when a juridical corporate entity can be said to have "knowledge" (...) under the statute. Legal institutions have well-established processes for inferring the knowledge state of natural persons, but corporations are complex sociotechnical networks of human and non-human elements whose information state does not map well onto such inferential methods. This question is of course not unique to copyright liability; corporate entities may be responsible for "knowing" actions under a variety of applicable legal provisions, and the question of corporate knowledge is generally under theorized. But consideration of ISP "knowledge" in this context points the way to consideration of corporate epistemology that must be foundational to determining corporate responsibility in copyright protection. © The Author 2011. (shrink)

Once upon a time, they managed to bring Neverland into the bedrooms; they were seen as the heroes of a new era. However, as heroes always tend to walk a fine line between good and evil, it does not come as a surprise that a decade later the perception has dramatically changed; the fairy tale turned into a nightmare. Are Internet Service Providers (ISPs) no more than data-guzzling monsters that need to be tamed? In November, the European Commission (...) published a “Comprehensive approach on personal data protection in the European Union” which seems to nod approval. The approach seeks to strengthen the individual’s rights regarding the use of data by ISPs. The Commission notes that children deserve specific protection in this context due to the fact that their awareness of risks and consequences is usually underdeveloped. Both a general principle of transparent processing and specific obligations for data controllers regarding the type of information to be provided and the modalities for providing it had to be taken into account. Not only legal but also self-regulatory initiatives should contribute to a better enforcement of data protection rules. This approach is both applauded and heavily criticized by the European Data Protection Supervisor. In particular, he argues that children’s particular interests have not been sufficiently addressed presenting a long list of suggestions for improvement including specific provisions against behavioral advertising, the exclusion of some data categories, an age threshold or special requirements on the issue of informed consent and a reinforcement of data controllers’ accountability. Is there really a need for a new magic formula? This paper reviews the current options for addressing the challenges of the use of personal data of minors by ISPs. (shrink)

In the late 1990s, the Internet seemed a perfect medium for business: a facilitator of unlimited economical propositions to people without any regulatory limitations. Cases such as that of Yahoo! mark the beginning of the end of that illusion. They demonstrate that Internet service providers (ISPs) have to respect domestic state legislation in order to avoid legal risks. Yahoo! was wrong to ignore French national laws and the plea to remove Nazi memorabilia from its auction site. Its (...) legal struggle proved futile and may have harmed its business. This essay argues for the adoption of standards of corporate social responsibility (CSR). CSR considerations may trump some forms of antisocial, highly offensive expression. (shrink)

The unique role of the Internet in today’s society, and the extensive reach and potentially profound impact of much Internet content, raise philosophically interesting and practically urgent questions about the responsibilities of various agents, including individual Internet users, governments, and corporations. Raphael Cohen-Almagor’s Confronting the Internet’s Dark Side is an extremely valuable contribution to the emerging discussion of these important issues. In this paper, I focus on the obligations of Internet Service Providers and Web (...) Hosting Services with respect to online hate speech. I argue that although Cohen-Almagor is correct that we should not understand these companies’ obligation to protect and promote freedom of expression as always taking priority over potentially competing values, his argument that they ought to deny service to those who would engage in hate speech online is less than fully convincing. In part this is because his definition of hate speech is, in important respects, overly broad. In addition, I argue that the analogies to which he appeals in defense of his position are flawed, and that a more accurate analogy appears to provide at least some support to the view that ISP’s and WHS’s ought not deny service to those who would engage in at least some forms of hate speech. (shrink)

The RIAA v. Verizon case offers an opportunity to analyze the scope of an Internet service provider’s responsibility to help deter copyright infringement. In this case, the RIAA served Verizon with a subpoena requesting the identity of two users who were making available copyrighted recordings for downloading on peer‐to‐peer networks. The main axis of discussion is whether or not Verizon has a moral obligation to reveal the names of these individuals. Should Verizon cooperate with the RIAA or (...) should it seek to shield the identity of these users in order to protect their anonymity and privacy? A secondary theme concerns Verizon’s prospective responsibility to curtail infringement. We will argue that Verizon and other ISPs have a limited obligation to assist copyright holders by disclosing the identity of infringers, but we contend that any prospective responsibility is constrained by law and technological capability. (shrink)

In the 21st century, we live in what can be called a “new normal” when we view law through the prism of digital technology. Technology has greatly impacted the traditional parts of civil law, such as law of ownership, inheritance and contracts. Technology is bringing civil law into a new, digital environment where it is necessary to consider the specifics of that environment. The freedom of contract is the basic principle of civil law, which is mainly applied in the law (...) of obligations, in the part concerning contracts. In contrast, adhesion contracts are contracts in which the terms are dictated by one party, while the other party can only accept or reject them – take it or leave it. In the context of adhesion contracts, it is clear that freedom of contract can be violated in certain cases. Nowadays, a large number of such contracts are concluded online. Every user of a website must agree to these contracts in order to use that website. The problem of the lack of choice of the person who agrees to the pre-announced conditions in such adhesion contracts may be more pronounced online than in classical adhesion contracts. Due to certain characteristics of such contracts, users are sometimes not even aware that by their mere behaviour they have agreed to the terms and conditions of the Internet service provider to which the website belongs. As a result, these users do not know what they have agreed to until problems arise between them and an ISP. The behaviour of the contracting parties certainly contributes to this problem. ISPs sometimes try to turn most of the provisions of the contract in their favour and diminish their importance, while users ignore this and agree to everything that is offered to them, sometimes not even knowing that they have given their consent. (shrink)

In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used (...) to share digital information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA. (shrink)

The present study examines a range of moral issues associated with recent cyberstalking cases. Particular attention is centered on the Amy Boyer/ Liam Youens case of cyberstalking, which raises a host of considerations that we believe have a significant impact for ethical behavior on the Internet. Among the questions we consider are those having to do with personal privacy and the use of certain kinds of Internet search facilities to stalk individuals in cyberspace. Also considered are questions having (...) to do with legal liability and moral responsibility that Internet Service Providers have for stalking crimes that occur in their "space" on the Internet. Finally, we examine issues of moral responsibility for individual online users to determine which obligations, if any, they might have to inform persons who are targeted by cyberstalkers, when it is in their power to do so. (shrink)