AbstractsLaw & Legal Studies

Legitimacy of ISP filtering practices under EU law

by Indre Maknickaite

Institution: University of Oslo
Year: 1000
Keywords: VDP::346
Record ID: 1274990
Full text PDF: https://www.duo.uio.no/handle/10852/22913



This master’s thesis examines practices of filtering of Internet content, carried out by Internet Service Providers in the European Union. It aims to evaluate such practices’ compliance with EU law. In order to address these aims, the thesis is organized in five chapters. An introduction is given in the first chapter of the assignment, noting the subject matter, the research methods used and limitations in the scope as they are applied. The second chapter examines the reform of legislation regulating the EU telecommunications sector, as introduced in November 2009. The reform presently focuses on the Internet Freedom provision, because this provision is directed to secure EU citizens’ right to access to and use of the Internet, whereas filtering activity may pose a threat to free use of information and applications published online. In the third chapter, an overview of ISP liability framework in the EU is given by pointing out why application of ISP liability is problematic and what issues are addressed by current EU. Filtering activity is critically discussed in the fourth chapter of the thesis. There, filtering activities are examined, as well as what information is subject to filtering and what threats of breach of law are caused by these filtering practices. Lastly, the thesis attempts to give a critical evaluation of possible liability consequences for parties that carry out filtering. In the conclusion of the thesis, besides pointing out the outcomes of the research, suggestions are made as to how filtering activity should be carried out in order to avoid or minimize the risk of breaching EU laws.