The Legal Classification of ISPs - The Czech Perspectiveák, Brno

• Author: Radim Polcák
• Position: Ph.D, Prof. Head of the Institute of Law and Technology, Masaryk University, Brno
• Pages: 172-177

2010

Radim Polčák

172

1

Abstract: This Article is a comprehension of

the lecture held at at the International Conference on

“Commons, Users, Service Providers – Internet (Self-)

Regulation and Copyright” which took place in Han-

nover, Germany, on 17/18 March 2010 on the occa-

sion of the launch of JIPITEC.

It summarizes the current issues concerning ISP lia-

bility in the Chzech Republic.

The Legal Classification of ISPs

The Czech Perspective

by Radim Polčák, Brno

Ph.D, Prof. Head of the Institute of Law and Technology, Masaryk University, Brno

© 2010 Radim Polčák

Everbody may disseminate this arti cle by electronic mea ns and make it available for downlo ad under the terms and

conditions of the Digita l Peer Publishing Licence (DPPL). A copy of the license text may be obtained a t http://nbn-resolving.

de/urn:nbn:de:0009-dppl-v3-en8 .

Recommended citation: Radim Polčák, The l egal classification of ISPs, 1 (20 10) JIPITEC 172, para. 1.

Keywords: ISP liability; Czech Republic; Mere Conduit; Caching Providers; Hosting Providers;

A. Introduction

1 The information society service providers (ISP) re-

present quite a special group of subjects in the in-

formation market. In fact, all activities carried out

in information networks happen through these pro-

viders. Taking the role of ISPs from the legal point

of view, they can be seen as factually contributing

to and consequently co-responsible for all kinds of

-

sible for illegal activities that take place in the infor-

mation networks might seem partially unfair – ISPs

have neither the technical nor the legal capacity to

control the quality of information that is communi-

cated through their services, and so they also have

no possibility to prevent their users from illegal ac-

ting. On the other hand, if ISPs were totally relieved

from their legal responsibilities, there would be no

   

Just as any other activities, law enforcement in in-

formation networks is also done through the ISPs; if

ISPs were immune from responsibility, law enforce-

ment agencies (police, courts, etc.) would have no

means of factually recovering illegal on-line states

of affairs.

B. Legislation

2 

responsibility of ISPs is based on European Directive

No. 31/2000/EC (further referred to in this subchap-

ter as the Directive). The Czech legislator chose to

harmonize the rules of the e-commerce directive in

the form of a special act. Act No. 480/2004 Sb., on cer-

tain services of the information society and on the

amendment of corresponding acts, harmonizes not

just the regulatory provisions of e-commerce on the

responsibility of ISPs but also the prohibitive provi-

sions on spam and some of the administrative com-



3



Sb. was translated almost word for word from Di-

rective No. 98/34/EC as amended by Directive No.

98/48/EC. Article 2 of Act No. 480/2004 reads as

follows:





  

  -

  -

