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Criminal Liability for the Transfer of Data in International Computer Networks

NCJ Number
172127
Journal
European Journal of Crime, Criminal Law and Criminal Justice Volume: 5 Issue: 2 Dated: (1997) Pages: 134-143
Author(s)
U Sieber
Date Published
1997
Length
10 pages
Annotation
This article describes economic and legal problems involved in the transfer of data in international computer networks.
Abstract
German preliminary investigations (1995) against several Internet service providers for disseminating pornography and national-socialist ideology brought to public notice new technologies that are creating new possibilities for misuse and a number of unsettled legal questions. This article examines the liability of the author of such illegal material and whether the operators of computer networks are criminally liable for the data disseminated by others. After reviewing relevant economic and legal problems, the article discusses whether applicable German law can substantiate, besides the liability of the authors themselves, the responsibility of service providers for content provided by a third party. It also summarizes the findings and outlines the requirements for alternative solutions, focusing on the latest legal developments in Germany and the efforts of the international community. Notes

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