Control possibilities for the prevention of criminal content in computer networks part I: —The implementation of sec. 5 TDG, illustrated by using the newsgroups on the internet as an example
✍ Scribed by Ulrich Sieber
- Publisher
- Elsevier Science
- Year
- 1999
- Tongue
- English
- Weight
- 807 KB
- Volume
- 15
- Category
- Article
- ISSN
- 0267-3649
No coin nor oath required. For personal study only.
✦ Synopsis
Since 1996 the control possibilities of preventing criminal content in international data networks have been the centre of contentious discussions in academia, industry and politics. In sec. 5 TDG (Teleservices Act) the Information and Communication Services Act (luKDG), which entered into force on 1 August 1997, now provides for a graduated system of responsibility of the different parties involved.The key concept for the responsibility in terms of criminal, civil and administrative law is m apart from the function-dependent limitation of liability --that the responsibility is limited to measures which "are technically feasible and can reasonably be expected". This article 1 will analyze these control possibilities both in view of sec. 5 TDG as well as in respect of future reformatory considerations in the European Union in relation to legal policy. The analysis shows that in worldwide open communication networks national control measures can be taken only to a very limited extent and that, in particular, access control is hardly feasible: accordingly, as regards 'reasonableness' an Internet provider cannot be expected to paralyse or seriously limit the Internet for German users by means of a 'firewall' merely in order to force a few users to make some more key strokes to obtain pornographic data. "The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproved benefit of censorship "'2 Therefore, apart from control obligations of access and Internet service providers m which are now sensibly limited pursuant to sec. 5 TDG --the prevention of criminal content in international data networks requires first and foremost other solutions as well.