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
SUMMARY

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 Hannover, Germany, on 17/18 March 2010 on the occasion of the launch of JIPITEC. It summarizes the current issues concerning ISP liability in the Chzech Republic.

 
FREE EXCERPT
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:


  
  -
  -


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