제3자의 불법행위와 ISP책임론

Abstract

The rapid growth of Internet infra-structure makes Affirmative effect of renovation of the industrial structure, but raises also many problem of Cracking, Dissemination of computer virus, Inundation of pornography, Defamation, Fraud in electronic contract and so on. We have difficulties to call someone to liability in these illegal act of the cyberspace. because we can't discover who counterpart is easily and prove someone guilty without difficulty. In order to overcome these difficulties in the relief of the victim, There were discussion and legislation to pass the buck to Internet Service Provider(ISP), who is provides the tool, Internet, Leading case cannot go through with his original idea, sometime say that ISP pay for other's damages, sometime say that ISP need not pay other's damages in similar cases. To clear this mergers, now we must set new regulations on ISP's liabilities. so I proposed an alternative plan as a bill(Internet Service Provider's liabilities limitation and Damage remedy formalities Act).