Legal aspects of computing
The Internet Law (also: Online Law) deals with the legal problems associated with the use of the Internet. It represents a specific legal area, but the interface is all fields of law in the Internet field.
Sometimes it is seen as a branch of media law, if that term is interpreted more broadly. According to other definitions, the content page is in media law, regulated by the Telecommunications Law, the technical, and both sides will together result in the Internet law.
Contact with different areas of law
The Internet Law stands in contrast to other, more established areas of law by several features from.
On the one hand it is, as already mentioned, not a homogeneous area of law, but is composed of a variety of different areas of law. Example to be mentioned here:
History
With the increasing use and commercialization of the Internet in the late 1990s it became clear that for the action on the net legal regulations must be found. This was initially viewed with suspicion by many users that the Internet should remain largely free of state regulation. Not a few thought due to the apparent anonymity and cross-border functioning, that the internet does not come into contact with national rules and forms a kind of legal limbo. At least the view that one does not have to take so tight it on the internet with laws, has survived to this day in many circles.
Ever since the Internet money is earned, however, echoed the call for a clear legal framework in the network. Without legal basis, no company would invest in business models, which are connected to the Internet. Also, some forms of crime were visible, although they existed before, but the commission was facilitated by the Internet.
Technical development vs.. right
The resultant in the 1990s Internet Law prepares the case law and the legislature in particular by the speed and dynamics of media convergence greater difficulties than most other areas. Although numerous issues had been discussed already in the 1980s in connection with the on-screen text - State Treaty in the literature and case law, many new questions were raised on the Internet.
This was due to the fact that there is no clear separation between service providers and users were more on the internet as opposed to the previous screen text offers, but also encountered many individuals as a service provider and were able to create their own websites. The decentralized and international nature of the Internet also made it difficult to identify a specific charge - as a central instance was missing, there was no place from which the application of certain rules could be required.
In particular, the lack of reference judgments or a prevailing opinion in legal literature meant that had to be clarified by the Federal numerous issues in the early years of Internet law. However, this took time, during the Internet again had evolved considerably. Partial therefore already exist, the underlying business models and technical bases at the time of definitive judgment no longer (see, for example, the Ricardian judgment ).
Also in the regulation by federal and state governments numerous laws and standards were written, which were just a short time later overtaken by either the development of the Internet or of the law of the EC.
Internet legislation in Germany 1997-2007
From 1997 to 2007, the German states was in Germany in the legal classification of Internet services between teleservices after the Teleservices Act ( TDG), a federal law, and media services for the Media Services Treaty (MDStV) distinguished. This legal division of Internet services based on the various legislative powers of the federal and state: the Federation may in Internet legal issues especially on its expertise in telecommunications law and the right of economic support ( see Article 73, paragraph 1 and article 74, paragraph No.7 1 No. 11 of the Basic Law ). In contrast, the countries have the legislative competence for Press Law and Broadcasting Law ( see Article 70 of the Basic Law). With the increasingly growing media convergence, the splitting of the Internet offers in teleservices and media services led to difficulties in application in legal practice. The legal concepts teleservices and media services were therefore summarized in the systematic reorganization of media law and internet law by federal and state governments in 2007, the concept of Telemedia.
Domain Law
Main article: Domain names right
The domain law deals with the allocation of domain names. Basically here the priority principle: who secures the first a domain name, this may also use and keep. An exception to cases in which the name of a " far superior prominence " enjoys, such as " www.shell.de ". Another exception justified the 12 BGB protected by § naming rights. This gives the respective namesakes in principle the right of the unauthorized user of a name to prohibit such use.
Unacceptable can domain names but also on competition grounds be, for example because of misleading the user or channeling of customer flows (§ 3 UWG) or because of abusive domain grabbing (§ 1 UWG).
E -commerce
Not only internationally but also domestically, the Internet has become an important trade platform for the so-called e-commerce. This development has therefore raised the question of the formation of contracts on the Internet. Basically, the provisions of the Civil Code for the conclusion of the contract on the internet application ( § § 145ff BGB). In addition, however, the rules for distance contracts in § § 312bff Civil Code, the provisions on electronic commerce ( § 312e BGB), competition regulations in the UWG and copyright and trademark provisions in the Copyright Act and Trademark Act, for example, be observed. Service provider have to follow general information obligations according to § 5 TMG for businesslike, offered usually paid Telemedia. Specific information requirements are 6 TMG in commercial communications, §.
Internationality
Responsible for content distributed over the Internet, are the leaders of the device from which the contents are sent, unless they can prove that they forward content to another person with their permission. This may have the laws of the country in which the data is transferred, are observed. Any national law may, in some cases, applied to an entry into the country, where the law was broken. In most cases the law of the transmitter, with the state of the receiver then tolerates the sending of data according to the foreign law. Some States Space Internet subscribers do not observe the national laws, or filter traffic for specific content.
Applications are the demand by a French court to block Nazi content for French Internet users by Yahoo and the leading judgment of the German Federal Supreme Court in 2000, after also made , for example, an Australian citizen for a holocaustleugnende site that is hosted in Australia, liable in Germany can be.
Even in economic transactions occur particular difficulties because Internet users often operate across borders, by taking services from foreign suppliers to complete or even offer services abroad. In this way, a user can, in some cases completely unnoticed, come into contact with legal systems of other countries. A standard which states that all actions of a national subject to its national law does not exist. Since the range of a national law is determined autonomously by each state, and there may be overlap. For the European Union, a certain degree of uniformity of the law was effected on the Internet by the EC E -Commerce Directive.
The question of international jurisdiction and applicable private law determines a called court in such a case according to its International Civil Procedure Law ( IZVR ) and its international private law (IPR ). This often leads to difficulties in legal practice. For one, these areas of law are considered exotic and complicated, many lawyers here know their not very good. On the other issues that are difficult to survey already under national law, almost never made easier, that they are to be assessed under a foreign law.
Telemedia
Legal Issues of Telemedia, which include a variety of Internet services in the German Telemedia Act ( TMG) of the Covenant, the State Treaty on Broadcasting and Telemedia ( Interstate Broadcasting Agreement ) and the Youth Media Protection State Treaty ( JMStV ) the states are regulated.