SERVICE PROVIDER
LIABILITY
Introduction and Purpose
Welcome to the Service Provider Liability Web site. This site was developed as a
project for Professor Laura
Gasaway’s class in Cyberspace Law
at the University of North Carolina School of Law.
The purpose of this site is to give an overview of the potential liabilities that
Internet service providers, online service providers, or providers of other internet
services might face. More specifically, we will explore the liabilities that might attach
to service providers that arise from the conduct of users of their services (vicarious
liability), as opposed to service provider liability from their own conduct.
However, service provider conduct following a user's liability-generating conduct
is often determinative as to whether a service provider will be held liable for the
user's conduct.
First, we will describe the different types of service providers. Next, we will discuss
liability analogies (whether the service provider is the functional equivalent of a
publisher, broadcaster, public forum, etc.). Then, we will discuss the types of user
conduct out of which liabilities might arise (defamation, copyright infringement,
obscenity, etc.). Finally, we will briefly discuss several policy ideas that
have become dominant regarding the question of service provider liability.
Keep in mind that while this project was prepared as an overview of liability
issues faced primarily by fee-for-service and subscription-based service
providers, such as AOL or Mindspring, these principles can be useful in
understanding the potential liability of other service providers - such as private
employers, schools and universities, and governmental entities. In a
manner of speaking, any entity that enables access to the Internet may face some
risk of liability for its users' actionable conduct. That is not to say
that the principles discussed herein are perfectly analogous to all situations but that they
may provide some insight into the application of various legal principles to
situations other than fee-for-service or subscription-based service
providers. Obviously, the inquiry into each circumstance of potential
liability will be fact specific.
Finally, remember that this project was completed in
1997. A number of developments have occurred since then that
directly bear on the subject of service provider liability and we have not
updated this information to reflect those developments.
Table of Contents
Pocket Part
NOTICE: This policy is provided for
information purposes only and does not constitute legal advice or opinion.
Neither our publication of this information nor your receipt or use of
this information is intended to create an attorney-client relationship and
does not constitute or establish legal representation. It is
strongly suggested that any business or person in need of legal advice regarding internet, online, information
technology, business technology, computer, or digital media issues consult
with an attorney. Furthermore, because of the number
of unsettled questions surrounding the law as it applies to the Internet in
general and Service Provider Liability in particular, we do not claim that the
information herein represents any definitive state of the law regarding the many
circumstances in which service providers could be held liable.
Prepared for
Professor Laura
Gasaway's Cyberspace Law Seminar (Law
- 357C); UNC School of Law - Spring 1997
By: Ashe Lockhart
& Carol Kozar
Instructor:
Laura N. Gasaway,
Professor of Law and Director of the Katherine
R. Everett Law Library
Copyright © 1997
Ashe Lockhart & Carol Kozar
