Browsing by Author "Funk, Antje Elisabeth Margarete"
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- ItemCriminal liability of Internet providers in Germany and other jurisdictions(Stellenbosch : Stellenbosch University, 2004-12) Funk, Antje Elisabeth Margarete; Kemp, Gerhard; Stellenbosch University. Faculty of Law. Dept. of Public Law.ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as well as Europe and the American system. This thesis demonstrates and discusses the existing legal norms to regulate Internet provider liability for illegal content on the Internet and the international efforts to deal with this issue. In the introduction it is shown how the Internet has given rise to a new form of global communication and the accompanying legal problems. This is followed by an examination of the different functions Internet providers have. A survey of some of the important crimes affecting the Internet and also some Internet-specific offences put the more general issue of liability in a more specific context. Traditional and new forms of crimes are discussed. This section is followed by an analysis of Internet provider liability under German criminal law and Germany's Teleservices Act. From an international criminal law perspective some international instruments, like the Cybercrime Convention of the Council of Europe, is discussed. National legislation, especially in the context of the European Union, must always be put in the proper regional and international context. The thesis concludes with some thoughts on alternative, or perhaps complementary, methods to fight illegal and criminal conduct on the Internet. This is done not as a critique of the responses to Internet crime, but rather to strengthen the many hands trying to reduce Internet crime.