النظام القانوني لمقدمي خدمات الإنترنت : دراسة تحليليَّة مقارنة

الملخص EN

Ever since the internet existed, there has been a legal argument on the status of Internet Service Providers (ISP) and their role in achieving the best use of the World Wide Web.

Most often the ISP had pleaded to mitigate the legal obligations that case law has strained them with, and at the same time they practiced pressure to build a special legal system that aims to relief them from the responsibility whether pertaining to their breach in providing the service or the illegality of the data that is being processed on their servers.

These matters have raised several legal and technical difficulties, which made contemporary legislations such as the French and the European legislations put an end to this controversy by adopting a special legal system for the ISP.

Accordingly their legal obligations have been set clearly and unique provisions for determining their responsibility for any contravention on the Internet have been set.

Laws of some countries, like the Jordanian law, did not adopt such a legal system, and this raises an important question relating to the efficiency of applying the general rules to find balanced solutions that meet the special nature of the ISP work.