论文部分内容阅读
对于用户生成的色情信息,网络服务提供者是受宪法规定的言论自由原则保护而免责还是应当承担刑事责任,其法律边界是模糊的。网络服务提供者的民事责任边界则较为清楚,《数字千年版权法》和《通讯规范法》为其提供了民事责任豁免。明知用户进行非法活动,经告知后未采取行动是对网络服务提供者追究刑事责任的依据。网络服务提供者可能承担帮助或支持犯罪行为的共犯责任,也可能因为利用跨州商业措施推动非法行为而违反交往法,并且受到传播非法信息的各项刑事指控。联邦层面应完善网络服务提供者的刑事责任立法,对于鼓励他人非法使用网络服务的网络服务提供者应追究其刑事责任,而本身为用户生成内容的受害者的网络服务提供者享有刑事责任豁免。
For user-generated pornographic information, whether the ISP is exempt from liability or should bear the criminal responsibility is protected by the constitutional principle of freedom of speech, and its legal boundary is ambiguous. The civil service boundaries of cyber service providers are clearer, and the Digital Millennium Copyright Act and the Communications Regulations Act provide them with a civil liability exemption. Knowing that the user has engaged in illegal activities and has taken no action after being informed is the basis for prosecuting the criminal liability of the network service provider. Internet service providers may assume the responsibility of accomplices in assisting or supporting criminal activities, may also violate communication laws as a result of the use of interstate commercial measures to promote unlawful conduct, and may be subject to criminal prosecutions that spread illicit information. At the federal level, the criminal liability legislation of ISPs should be improved. ISPs that encourage others to illegally use ISPs should be held criminally liable, and ISPs who are victims of user-generated content are exempt from criminal liability.