Intermediary Liability in the E-Commerce Directive: So Far So Good, But It's Not Enough. Julià-Barceló, R. & Koelman, K. J Computer Law & Security Review, 16(4):231–239, August, 2000.
Paper doi abstract bibtex To what extent are online intermediaries responsible for third party material put on the Internet by users of their facilities? The Directive on certain legal aspects of electronic commerce in the internal market, among other things, answers this question by establishing a liability regime for online intermediary activities.11The Directive has made its way through the legislative process, namely the co-decision procedure, which requires the approval of the Directive by both the European Parliament and the Council of Ministers. The European Parliament adopted its first reading opinion in February 1999, and the European Commission issued an Amended Proposal in August 1999. On 28 February 2000, the internal market Council reached a Common position of the Council with a view to the adoption of a Directive on electronic commerce. On May 4, 2000, the European Parliament approved of the text of the Common Position and a final version is expected to be published shortly. The Common Position, the text of which will not alter in the final version, is available at: http://europa.eu.int/comm/internal_market/en/media/eleccomm/index.htm. This article explores the anticipated liability standard and concludes that the right to freedom of speech and fair competition on the Internet has been ignored.
@article{julia-barcelo_intermediary_2000,
title = {Intermediary {Liability} in the {E}-{Commerce} {Directive}: {So} {Far} {So} {Good}, {But} {It}'s {Not} {Enough}},
volume = {16},
issn = {0267-3649},
shorttitle = {Intermediary {Liability} in the {E}-{Commerce} {Directive}},
url = {https://www.sciencedirect.com/science/article/pii/S0267364900891293},
doi = {10.1016/S0267-3649(00)89129-3},
abstract = {To what extent are online intermediaries responsible for third party material put on the Internet by users of their facilities? The Directive on certain legal aspects of electronic commerce in the internal market, among other things, answers this question by establishing a liability regime for online intermediary activities.11The Directive has made its way through the legislative process, namely the co-decision procedure, which requires the approval of the Directive by both the European Parliament and the Council of Ministers. The European Parliament adopted its first reading opinion in February 1999, and the European Commission issued an Amended Proposal in August 1999. On 28 February 2000, the internal market Council reached a Common position of the Council with a view to the adoption of a Directive on electronic commerce. On May 4, 2000, the European Parliament approved of the text of the Common Position and a final version is expected to be published shortly. The Common Position, the text of which will not alter in the final version, is available at: http://europa.eu.int/comm/internal\_market/en/media/eleccomm/index.htm. This article explores the anticipated liability standard and concludes that the right to freedom of speech and fair competition on the Internet has been ignored.},
language = {en},
number = {4},
urldate = {2022-11-01},
journal = {Computer Law \& Security Review},
author = {Julià-Barceló, Rosa and Koelman, Kamiel J},
month = aug,
year = {2000},
pages = {231--239},
}
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