Study On Internet Service Providers' Act Duty

With the development of science and technology,the world has entered the era of risk society.The Internet technology,such as Bitcoin,may cause global financial risk.Under the background that the government is increasingly unable to supervise the cyber space and the Internet service providers have technical superiority to the cyber space which they have controlled,so the Internet service providers should take corresponding obligations to protect the network order and avoid the global risk.The current law and administrative regulations only stipulate a general duty of Internet service providers,which is difficult for judges to implement in practice.We should discuss substantial obligations of Internet service providers from their duty of supervising dangerous sources.Before discussing substantial obligations,we should distinguish Internet service providers' act and omission.Internet service providers may have obligations when they recognize someone commits a crime through the normal business behavior that they provide.After recognizing the offender,because of the control of the dangerous source,they have obligations to prevent crime.If they don't take measures,their behaviors belong to negative omissions.When a Internet service provider provides additional assistance to the offender which is different from the normal business behavior,there is no room to apply the guarantor theory.If the Internet service provider has the dominance of the dangerous source,knows the existence of crime in their cyber space and takes measures to prevent crime will not infringe the legitimate rights of citizens and obviously increase the Internet service provider's economic burden,we should affirm that the Internet service providers have obligations to prevent crime.The dominance of the dangerous source is the precondition to ask Internet service providers to prevent crime.The dominance of the dangerous source depends on the type of services that Internet service providers provide.Therefore,the Internet service providers should be classified according to the type of services that they provide,and different types of Internet service providers take different obligations.The determination of Internet service providers' obligations can make Internet service providers have a clear behavior standard,which contributes to the development of economy and society,and makes the criminal law not become the Sword of Damocles on the head of Internet service providers.