December 2014 in Retrospect: Intermediary Liability News and More from the Internet and Jurisdiction Project
By Giancarlo Frosio on January 26, 2015 at 7:48 am
Whether and when communications platforms like Google, Twitter and Facebook are liable for their users’ online activities is one of the key factors that affects innovation and free speech. Most creative expression today takes place over communications networks owned by private companies. Governments around the world increasingly press intermediaries to block their users’ undesirable online content in order to suppress dissent, hate speech, privacy violations and the like. One form of pressure is to make communications intermediaries legally responsible for what their users do and say. Liability regimes that put platform companies at legal risk for users’ online activity are a form of censorship-by-proxy, and thereby imperil both free expression and innovation, even as governments seek to resolve very real policy problems.
In the United States, the core doctrines of section 230 of the Communications Decency Act and section 512 of the Digital Millennium Copyright Act have allowed these online intermediary platforms user generated content to flourish. But, immunities and safe harbors for intermediaries are under threat in the U.S. and globally as governments seek to deputize intermediaries to assist in law enforcement.
To contribute to this important policy debate, CIS studies international approaches to intermediary obligations concerning users’ copyright infringement, defamation, hate speech or other vicarious liabilities, immunities, or safe harbors; publishes a repository of information on international liability regimes and works with global platforms and free expression groups to advocate for policies that will protect innovation, freedom of expression, privacy and other user rights.
By Giancarlo Frosio on January 26, 2015 at 7:48 am
By Giancarlo Frosio on January 22, 2015 at 11:30 am
After launch in July 2014, the World Intermediary Liability Map (WILMap) has been steadily and rapidly growing. Read more about WILMap Updated...and to Be Further Expanded (with Your Help)
By Alexander Milstein on January 12, 2015 at 4:07 pm
By Center for Internet and Society on January 6, 2015 at 11:45 am
We are happy to announce the new 2014-2016 CIS Affiliates. Read more about CIS Affiliates 2014-2016 Announced