This paper examines the impact on free expression, privacy, and innovation of
forcing Internet intermediaries to bear liability or assume gatekeeping obligations
for third-party content. Intermediary liability arises where governments or
private litigants can hold technological intermediaries such as ISPs and
websites liable for unlawful or harmful content disseminated by users of those
services. Gatekeeping obligations, such as
requirements that intermediaries filter or block access to content, force
intermediaries to monitor or limit how users access or post material. The threat
of either liability or gatekeeping obligations reduces
intermediaries’ willingness to host user-generated content, leads intermediaries
to block even legal content, and inhibits innovation. Limiting such obligations
and protecting intermediaries from liability for the expressive actions of third
parties expands the space for online expression, encourages innovation in the
development of new communications services, and creates more opportunities for
local content, thereby supporting development of the information society.
Meanwhile, there are ways to address unlawful or harmful online content without
burdening intermediaries. Internet advocates everywhere should urge governments
to adopt policies that protect intermediaries as critical platforms for
innovation, expression, and economic activity.
No comments:
Post a Comment