ABSTRACT

Internet Service Providers (ISPs) differ in nature in different countries but the main function remains the commercial provision of Internet access services such as dialup and broadband to the online users. The role of ISPs can vary from pure conduit to pure publisher and accordingly the term ISP should be seen as an umbrella term covering different characteristics. During 2002 North Rhine Westphalia, Germany's most populous state, issued a blocking order to prevent German-based ISPs from providing access to websites based outside Germany if those sites host racist and neo-Nazi content. In the United States a very different approach to ISP liability has been adopted. While a 'notice' based liability policy appears to be preferred in Europe, ISPs have more protection in the United States for third-party content that travels through their servers regardless of any 'knowledge' on their part.