This paper looks at the criminal accountability of service providers within the sphere of cybercrime. The following pages will discuss how national and international laws determine and allocate criminal responsibility regarding service providers, coupled with their role in the dissemination and storage of illegal online content. The findings show that different legal systems have different approaches to assigning responsibility toward service providers. However, they all agree that key factors in determining responsibility are the provider’s knowledge of the illegal content and their inaction upon it. Legal cases from various scenarios form part of this study. On this basis, the paper recommends the harmonization of global legislation on service provider liability, improved awareness and protocols for providers, monitoring and oversight mechanisms and clear legal frameworks to support service providers—all towards more effective action on cybercrime and compliance with relevant laws.

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Legal Responsibility of Service Providers in Cybercrime: A Legal Analysis and Recommendations for Improving Legislation and Mechanisms

  • Omar Al Makhzoumi,
  • Abeer Zohair Said Saada

摘要

This paper looks at the criminal accountability of service providers within the sphere of cybercrime. The following pages will discuss how national and international laws determine and allocate criminal responsibility regarding service providers, coupled with their role in the dissemination and storage of illegal online content. The findings show that different legal systems have different approaches to assigning responsibility toward service providers. However, they all agree that key factors in determining responsibility are the provider’s knowledge of the illegal content and their inaction upon it. Legal cases from various scenarios form part of this study. On this basis, the paper recommends the harmonization of global legislation on service provider liability, improved awareness and protocols for providers, monitoring and oversight mechanisms and clear legal frameworks to support service providers—all towards more effective action on cybercrime and compliance with relevant laws.