Criminal Liability for the Transfer of Data in International Computer Networks2

Criminal Liability for the Transfer of Data in International Computer Networks2 134 Ulrich Sieber1 Criminal Liability for the Transfer of Data in International Computer Networks2 New Problems for German Law The German preliminary investigations instituted at the end of 1995 against several service providers in the Internet for the dissemination of pornography and national-socialist ideology have brought to the public eye the fact that new technologies create new possibilities for misuse and that a number of unsettled legal questions exist. The resulting debate focuses not only on the liability of the author of such illegal material but in particular on the question, re- viewed and examined below, as to whether the operators of computer networks are crimi- nally liable for the data disseminated by other persons. The following essay first describes the economic and legal problems involved (see 1. below). Then, it deals with the issue of whether the applicable German law can substantiate - besides the liability of the author himself - the responsibility of service providers for content provided by a third party (see 2. below). Finally, it summarizes the findings and outlines the requirements for alternative solutions; in particular, it focuses on the latest legal develop- ments in Germany and the efforts of the international community http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

Criminal Liability for the Transfer of Data in International Computer Networks2

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Publisher
Martinus Nijhoff
Copyright
© 1997 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
D.O.I.
10.1163/157181797X00482
Publisher site
See Article on Publisher Site

Abstract

134 Ulrich Sieber1 Criminal Liability for the Transfer of Data in International Computer Networks2 New Problems for German Law The German preliminary investigations instituted at the end of 1995 against several service providers in the Internet for the dissemination of pornography and national-socialist ideology have brought to the public eye the fact that new technologies create new possibilities for misuse and that a number of unsettled legal questions exist. The resulting debate focuses not only on the liability of the author of such illegal material but in particular on the question, re- viewed and examined below, as to whether the operators of computer networks are crimi- nally liable for the data disseminated by other persons. The following essay first describes the economic and legal problems involved (see 1. below). Then, it deals with the issue of whether the applicable German law can substantiate - besides the liability of the author himself - the responsibility of service providers for content provided by a third party (see 2. below). Finally, it summarizes the findings and outlines the requirements for alternative solutions; in particular, it focuses on the latest legal develop- ments in Germany and the efforts of the international community

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 1997

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