• DocumentCode
    1640938
  • Title

    Network Neutrality Principle as a Regulatory Tool: Implications for Crime Prevention and Criminal Law Enforcement

  • Author

    Marra, Gabriele

  • Author_Institution
    Dept. of Law Sci., Univ. of Urbino, Urbino, Italy
  • fYear
    2009
  • Firstpage
    153
  • Lastpage
    157
  • Abstract
    The aim of this contribution is to explore the possibility of using the well known concept of network neutrality (i.e., the property of a network infrastructure ignoring the content of the data packet it manages and being independent from legislative intervention) as a regulatory principle which goes beyond the contexts in which it is usually applied (namely, communication, antitrust and contract law) in order to be also applied to crime prevention and criminal law enforcement. The contribution of the paper is threefold: (i) it provides a definition of the principle of neutrality, (ii) it discusses the possibility of using neutrality as a key concept to address the problem of criminal responsibility of Internet providers (both at judiciary and legislative level), and (iii) it outlines the conceptual, empirical, and analytical tools for the effective implementation of public policy initiatives in the field of cybercrime prevention. Three case studies are also presented and discussed.
  • Keywords
    Internet; computer crime; criminal law; legislation; Internet providers; antitrust law; communication law; contract law; criminal law enforcement; cybercrime prevention; judiciary level; legislative level; network neutrality principle; public policy; regulatory principle; Computer crime; Conference management; Content management; Context; Contract law; Criminal law; IP networks; Network neutrality; Public policy; Terrorism; Criminal Law Enforcement; Harmful Conducts; Network Neutrality; Prevention through regulated self-regulation; Public Policy; Social Utility;
  • fLanguage
    English
  • Publisher
    ieee
  • Conference_Titel
    Evolving Internet, 2009. INTERNET '09. First International Conference on
  • Conference_Location
    Cannes/La Bocca
  • Print_ISBN
    978-1-4244-4718-3
  • Electronic_ISBN
    978-0-7695-3748-1
  • Type

    conf

  • DOI
    10.1109/INTERNET.2009.31
  • Filename
    5277800