Criminal liability of Internet providers in Germany and other jurisdictions

[摘要] ENGLISH ABSTRACT:This thesis deals with the criminal liability of Internet providers. Thefocus is on Germany, but the analysis is put in a wider, comparative context.This is done with reference to South Africa, as well as Europe and theAmerican system. This thesis demonstrates and discusses the existing legalnorms to regulate Internet provider liability for illegal content on the Internetand the international efforts to deal with this issue. In the introduction it isshown how the Internet has given rise to a new form of global communicationand the accompanying legal problems. This is followed by an examination ofthe different functions Internet providers have.A survey of some of the important crimes affecting the Internet and alsosome Internet-specific offences put the more general issue of liability in amore specific context. Traditional and new forms of crimes are discussed.This section is followed by an analysis of Internet provider liability underGerman criminal law and Germany's Teleservices Act. From an internationalcriminal law perspective some international instruments, like the CybercrimeConvention of the Council of Europe, is discussed. National legislation,especially in the context of the European Union, must always be put in theproper regional and international context.The thesis concludes with some thoughts on alternative, or perhapscomplementary, methods to fight illegal and criminal conduct on the Internet.This is done not as a critique of the responses to Internet crime, but rather tostrengthen the many hands trying to reduce Internet crime.

[发布机构] Stellenbosch University