Discussion on the Nonfeasance Criminal Responsibility of Internet Access Provider
Meng Chuan-xiang · Journal of Chongqing University of Posts and Telecommunications · 2012
It should be analyzed from elements of nonfeasance crime about whether the Internet Access Provider is found committing nonfeasance crime.The legal duty to act of Internet Access Provider should be limited to not substantially increasing operating costs or system and network burden if the current technology measures are taken.Internet Access Provider is not found committing nonfeasance crime.The legal duty to act of the Internet Platform Provider can be limited by learning from the safe harbor principles and red standards of copyright legislation,including notice delete obligations and initiative examination obligations.The examination and verification obligations of Internet Content Provider should also adopt the red flag standard about other people's pictures,news,articles,free downloading software or service fee.It can be distinguished from three aspects about the nonfeasance criminal responsibility and civil tort of Internet Access Provider,including subjective fault,damage and the harm to society.