SERVICE PROVIDER
LIABILITY
Privacy of Communications: Overview
● Electronic Communications
Privacy Act
Gives e-mail the same kind of privacy as "regular mail."
E-Law
3.0.1. referring to
Electronic
Communications Privacy Act.
Section 2 provides an exception for SYSOPs and their employees to the
extent necessary to manage the computer information system.
E-Law
3.0.1.
Section 2701 prohibits unlawful access to communications which are stored
in a computer.
E-Law
3.0.1.
Theory of vicarious liability might create liability for Service Provider.
If user’s underlying conduct is actionable and service provider knew or should have
known of the illegal nature of the conduct, it may be liable.
● Presidential Records Act
Requires all records classified as Presidential Records be preserved for
historical purposes.E-Law
3.0.1. referring to
Presidential
Records Act.
● Federal Records Act
Requires that each agency preserve records regarding actions of the
agency.
E-Law
3.0.1. referring to Federal Records Act.
Service Provider Liability Pages
Introduction •
Table of Contents
Servcie Providers - Overview • Service Providers - Discussion • Liability Analogies - Overview • Liability Analogies - Discussion • Defamation - Overview • Defamation - Discussion • Intellectual Property - Overview • Intellectual Property - Discussion • Obscenity - Overview • Obscenity - Discussion • Criminal - Overview • Criminal Discussion • Privacy - Overview • Privacy - Discussion • Policy Discussion • Conclusion • Pocket Part • Notes & Links
Prepared for
Professor Laura
Gasaway's Cyberspace Law Seminar (Law
- 357C)
UNC School of Law - Spring 1997
By: Ashe Lockhart
(Webmaster) & Carol Kozar
Instructor:
Laura N. Gasaway,
Professor of Law and Director of the Katherine
R. Everett Law Library
Copyright © 1997 Ashe
Lockhart & Carol Kozar
