Should Internet Traffic Be Monitored?

Information Outlook, September 1998 | Go to article overview

Should Internet Traffic Be Monitored?


As the world considers how to address legal matters online, one nation has taken some restrictive steps to eliminate illegal activity in cyberspace. Sweden recently passed a law that requires operators of electronic bulletin board systems to monitor the messages posted on their services. Operators will also be required to remove messages that incite rebellion or racial agitation, contain child pornography, or depict violence in a way that is illegal under that nation's laws. Further, operators are now required to remove content in situations where a user has clearly infringed the copyright of another person or entity.

Merely providing a network would not expose the provider to liability and delivery of messages within a government agency or a company would be exempt. Messages intended for one recipient or a designated set of recipients apparently would also be exempt from the law. However, this is the first official step in any nation's domestic laws to create a "vicarious liability" standard for those who operate Internet services. Legislation is pending in the United States that would exempt providers from vicarious liability. Canada and the European Union are currently crafting similar proposals.

On a similar note, a French court has ruled that Internet service providers (ISPs) can be held partially liable for content placed on their networks, even if such World Wide Web sites are client-operated (Lefebure v. Lacambre, Tribunal de Grande Instance de Paris). A French model had sued an ISF for allowing a client to publish nude photographs of her on a web site operated via the ISP's server.

Presiding Judge Jean Jacques Gomez ruled that "it seems necessary to state that the ISP is obliged to guarantee the morality of those that he provides service to [sic]...

The service provider has the same capacity as any other users of the network. The ability to go to the site, verify its content, and consequently the capacity to take measures to end any nuisances that the site may be causing to third parties." Gomez went on to note that ISPs can and must assure that clients are aware of laws covering privacy, intellectual property rights, and the collection of information, among other issues.

While the ISP in question had already closed the offending web site, fudge Gomez went further to require that the ISP "put in place a mechanism to ensure the impossibility of diffusion of the photos in question from any site offered by the service.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Should Internet Traffic Be Monitored?
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.