Bearbeiten von „E-commerce“
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According to general principles of civil law, only those need to prevent harm that have created a hazard source. The exchange of information is at the roots of human nature. It is a fundamental right (article 11 of the charter of fundamental rights) and can therefore not be considered a "hazard source". The provision of telecommunications services does not create a greater risk of rights infringements than the provision of any product or service. Typical, socially adequate and therefore legal risks do not put their originator in a position of being responsible for intentional violations committed by other people. | According to general principles of civil law, only those need to prevent harm that have created a hazard source. The exchange of information is at the roots of human nature. It is a fundamental right (article 11 of the charter of fundamental rights) and can therefore not be considered a "hazard source". The provision of telecommunications services does not create a greater risk of rights infringements than the provision of any product or service. Typical, socially adequate and therefore legal risks do not put their originator in a position of being responsible for intentional violations committed by other people. | ||
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Even prevention (or policing) technology that can reasonably be implemented or is industry standard must not be imposed on all service providers because of its devastating effects on freedom of speech. Filtering technology, for example, will by its nature suppress legal content that is merely similar to illegal content. This leads to the suppression of controversial but politically very valuable content, for example critical comments on companies and products or "fair use" of intellectual property. Policing is not the job of private companies. | Even prevention (or policing) technology that can reasonably be implemented or is industry standard must not be imposed on all service providers because of its devastating effects on freedom of speech. Filtering technology, for example, will by its nature suppress legal content that is merely similar to illegal content. This leads to the suppression of controversial but politically very valuable content, for example critical comments on companies and products or "fair use" of intellectual property. Policing is not the job of private companies. | ||
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A service provider that is notified of allegedly illegal content should therefore not be required to remove the content before its legality has been assessed by a judge in a preliminary procedure. Member States can design this procedure to be fast and effective. However its cost must not be borne by the provider as this would again have a chilling effect on free speech. Needy claimants can use legal aid. Claimants can recover legal expenses by suing the user that generated the content. | A service provider that is notified of allegedly illegal content should therefore not be required to remove the content before its legality has been assessed by a judge in a preliminary procedure. Member States can design this procedure to be fast and effective. However its cost must not be borne by the provider as this would again have a chilling effect on free speech. Needy claimants can use legal aid. Claimants can recover legal expenses by suing the user that generated the content. | ||
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Recommendation: | Recommendation: | ||
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*The e-commerce directive should be amended as follows: "''Member States shall ensure the confidentiality of the usage of information society services and the related traffic and suscriber data, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of usage and the related traffic and subscriber data by persons other than users, without the consent of the users concerned, except when legally authorised to do so. This paragraph shall not prevent technical storage which is necessary for the provision of a service without prejudice to the principle of confidentiality.''" | *The e-commerce directive should be amended as follows: "''Member States shall ensure the confidentiality of the usage of information society services and the related traffic and suscriber data, through national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of interception or surveillance of usage and the related traffic and subscriber data by persons other than users, without the consent of the users concerned, except when legally authorised to do so. This paragraph shall not prevent technical storage which is necessary for the provision of a service without prejudice to the principle of confidentiality.''" | ||
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([http://www.daten-speicherung.de/data/Forderungen_Telemedienrecht_26-02-2009_publ.pdf More information in German]) | ([http://www.daten-speicherung.de/data/Forderungen_Telemedienrecht_26-02-2009_publ.pdf More information in German]) |