Thursday, December 3, 2009

Web blog: The law gives little freedom

blog that allows people to release, highlighting in the real world has been suppressed individuality and freedom, which are popular crowd. However, the blog are by no means entirely free, their freedom can only be enjoyed within the limits of the law. In fact, the blog they enjoy the blog, they is not easy.

Blog legal issues often involve two types of subjects: one for the blog, one for the blog service providers. Blog is the right blog page, but it may be infringing or offenders. Blog service providers mainly provide technical support, including web servers used to store blog space and used to create, modify, blog software, web pages, templates, or interface. By their nature, blog service providers belong to the IHP (Internet HostProvider, Internet storage service providers) rather than ICP (InternetContentProvider, Internet content provider). Blog and blog service providers may face a variety of legal issues, tentatively be grouped into two categories of public law issues and private issues.

Blog service providers is difficult to define the identity attributes

That the real problem is the network of public law regulation (InternetGovernance) problem. Although our regulatory system in the network there is evident lack of theoretical studies, but the network surveillance system of legal norms can not say that developed. Promulgated in 1994, “The People’s Republic of China Regulations on Protection of Computer Information System Security” to the newly published “electronic authentication service management approach”, rough math, laws, administrative regulations and departmental rules and regulations will have 50 or so, as local regulations, and regulations, it had too numerous to mention. Overall, they have three characteristics: First, rank is not high, with laws, rules and regulations majority; Second, the system confusing and even contradictory to each other; the three, less reasonable, or even inoperable. For example, first of all, according to the “Internet Information Services” (2000), engage in business information services, permission should be obtained (ICP license), engaged in non-commercial information service should record the registration; operational and non-operational distinction between the standard user fee for access to information. Blog service providers (hereinafter referred to as B-IHP) should fall within the types of services provided by it? The majority of cases, B-IHP was neither charged to your blog, or as visitors to the ordinary user fees, seem to be non-commercial sexual services. However, B-IHP usually exists in the form of companies and in advertising and other means of profit, with the traditional Sina, Sohu and other ISP (InternetServiceProvider, Internet service providers, ICP’s commonly known) is similar to another wrong classified as non-operating services. Go from here is really difficult decision. Of course, some B-IHP run by individuals to provide non-commercial sexual services. However, in order to fulfill the required non-business services, filing procedures, and they had anchored a particular institution, is affiliated units in the acquisition, “affiliated interests” at the same time, have to bear the legal obligations to be borne by ICP. In addition, in accordance with “The Internet Station Management in covering business, Interim Regulations” and other laws and regulations, which contain news, educational, medical, pharmaceutical and other information needed to access the blog site are specifically allowed by the competent department will undoubtedly increase the operation of B-IHP costs and legal risks. It is noteworthy that both the laws and regulations set over against the ISP, just ignore the occasion in the blog, the real information providers is not a B-IHP, but the blog. In other words, blog, or blog with the B-IHP, is the real information service providers; ordinary Internet users (those who blog web browsing, but also blog I) is the real recipients of information services. So let B-IHP alone as an administrative obligations are not appropriate.

Second, according to “Internet Information Services”, B-IHP as the Internet information service providers, shall not produce, reproduce, publish, disseminate illegal information, or bear administrative or criminal liability; while according to “Internet electronic bulletin service management requirements,” B-IHP are electronic bulletin board service providers, Internet users (blog) deal with responsibility for the information released, B-IHP is only after the discovery of illegal information on the negative obligations immediately removed. “Rules” and “provides that” B-IHP obligations require significantly different. The former belongs to administrative regulations, departmental rules and regulations as a rank higher than the latter; but the latter specifically for the purposes of the former by the legislature, release time than the former night, has a special law priority. One can imagine that — Web blog: The law gives little freedom — published from insurance information www.autoinsurancequotes3.com

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