ABSTRACT
Twenty-five years ago, in 1998, the United States Congress developed a blueprint for the global regulation of the Internet. Section 512 of the Digital Millennium Copyright Act (DMCA) recognized that user-generated content will be crucial to most digital services and offered up-front assurances from liability to some providers subject to conditions. What started as a sectorial conditional immunity system in copyright law was immediately scaled up into an all-encompassing horizontal rulebook in the European Union through the E-Commerce Directive (ECD) in 2000 — recently updated into the Digital Services Act (DSA). The two jurisdictions inspired many other countries to start granting conditional immunity— liability exemptions that require at least providers’ knowledge of others’ actions to expose them to liability for those actions …
Husovec, Martin, Rising Above Liability: The Digital Services Act as a Blueprint for the Second Generation of Global Internet Rules (October 10, 2023), Berkeley Technology Law Journal, volume 38, no 3, Forthcoming.
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