3. Legal basis of ISP (internet service provider) activity

3.5. SUMMARY / MAIN OUTPUTS FROM THE CHAPTER

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  • Defining authorities participate in the creation of the law on the Internet, in the restriction or expansion of its activities, by creating defining standards.
  • Defining standards are created and implemented by entities that are authorised to define the information network environment. These are in practice sui generis standards that define information networks as such. They occur in layers that are interdependent. “Defining standards are created by telecommunication operators, office software producers but also, for example, creators or operators of online games, or anyone who opens a blog or has an email box, (A defining standard created by a user of this box is a filter that automatically performs a set inbox operation.)”
  • Defining authorities are the creators of defining standards. It is an entity that, through its operation, creates rules for the functioning of the logical system in which the authority operates. As mentioned earlier, ICANN has an executive position among these authorities since it is responsible for assigning, administering and laying down rules for the domain name system. Another defining authority is, for example, the IETF. Although defining authorities may appear to be unrestricted administrators of cyberspace, they are still subject to the law of a state.
  • The Internet exists only thanks to defining authorities. It is composed of them. No operation will take place without the participation (execution or mediation of the operation) of the defining authority.
  • Cyberspace is formed by the will of defining authorities.
  • All information society service providers are defining authorities.
  • Every service provider, like any other body of law, is legally responsible for its actions.
  • The term ISP is also defined in the Convention on Cybercrime, specifically in Article 1 (c) where it is stated that service provider is:
    • any public or private entity that provides to users of its service the ability to communicate by means of a computer system and 
    • any other entity that processes or stores computer data on behalf of such communication service or users of such service.
  • The Czech Act on Certain Information Society Services recognises the following three service providers, stipulating that a service provider is any natural or legal person who provides any of the information society services:[1
    • Providers of services based on the transmission of information provided by a user (Mere Conduit or Access Provider).
    • Providers of services based on the automatic intermediate storage of information provided by a user (so-called caching).
    • Providers of services based on the storage of information provided by a user (so-called storage or hosting).

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KEY WORDS TO REMEMBER

  • ISP
  • Defining authority
  • Defining standard
  • Mere Conduit or Access Provider
  • Cashing provider
  • Hosting provider
  • Data retention

KNOWLEDGE CHECK QUESTIONS      

  • Define ISP.
  • How are ISPs divided? According to what criteria?
  • What are the responsibilities of ISPs?
  • What is a definition standard?
  • Who is a defining authority, and what is its role?
  • What is data retention?



[1] See Section 2 (d) of ACISS