Reference : A risk-based approach towards infringement prevention on the internet: adopting the a...
Scientific journals : Article
Law, criminology & political science : European & international law
Law / European Law
A risk-based approach towards infringement prevention on the internet: adopting the anti-money laundering framework to online platforms
Ullrich, Carsten mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
International Journal of Law and Information Technology
Oxford University Press
Yes (verified by ORBilu)
[en] intermediary liability ; duty of care ; risk regulation ; co-regulation ; anti-money laundering ; compliance ; algorithmic accountability ; standardisation ; regulatory governance
[en] This article suggests a new approach towards online service provider liability which relies on duty of care. It proposes a concrete compliance framework for online platforms, borrowed from risk regulation, and modelled on anti-money laundering (AML) obligations in the financial sector. First, the prohibition on obliging platforms to monitor content in a general manner under the E-Commerce Directive will be discussed. On the face of it this may clash with a standardized requirement to filter for infringing content. Subsequently, the regulatory choice for such a duty of care standard will be explored. It is argued that the largely self-regulatory proposals currently on the table may be ill fitted to achieve traction and accountability. Finally, a three-tier compliance framework, modelled on the AML system and using a risk-based approach, is proposed. The pitfalls of such a highly automated compliance solution, which enforces complex legal norms, will also be touched on.
Researchers ; Professionals ; Students ; General public ; Others
The publisher possesses a sole and exclusive licenses from the author. The accepted versions of the manuscript can only be made available publicly 24 month after online publication, i.e. as of 26 July 2020.

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