Evaluation of the role of access providers. Discussion of Dutch Pirate Bay case law and introducing principles on directness, effectiveness, costs, relevance, and time

A.R. Lodder, N.S. van der Meulen

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

Internet service providers (ISPs) play
a pivotal role in contemporary society because they
provide access to the Internet. The primary task of ISPs
– to blindly transfer information across the network –
has recently come under pressure, as has their status
as neutral third parties. Both the public and the private
sector have started to require ISPs to interfere with
the content placed and transferred on the Internet as
well as access to it for a variety of purposes, including
the fight against cybercrime, digital piracy, child pornography,
etc. This expanding list necessitates a critical
assessment of the role of ISPs. This paper analyses
the role of the access provider. Particular attention is
paid to Dutch case law, in which access providers were
forced to block The Pirate Bay. After analysing the position
of ISPs, we will define principles that can guide the
decisions of ISPs whether to take action after a request
to block access based on directness, effectiveness, costs,
relevance and time.
Original languageEnglish
Pages (from-to)130-141
Number of pages12
JournalJournal of Intellectual Property, Information Technology and E-Commerce Law
Volume4
Issue number2
Publication statusPublished - 2013

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