The Boundary Of Network Supervision And ISP’s Freedom

Network supervision is an essential means to maintain the stability and order of cyber space,there has reached a consensus about the importance of it despite the measures and extent may vary a lot.In our country,the basic objective of legislation and management in cyber space is to protect the human rights,prevent the risky to public safety,national security and promote the healthy development of the network environment.The new promulgated Ninth Amendment of Criminal Law has added the criminal liability to service provider,it indicates that the government is strengthening the control of cyber world.Comparing with the traditional governing system,the new one involves in three parties such as the government,international service provider(ISP)and the clients.ISP has no choice but to act dual identities sometimes in governing assistant,other times in the victim.In the legal activity of cyber management,the service provider may suffer damage from overcontrol,civil society may questioning about the legitimacy of the governing assistant from service provider,even the service provider may cause harm to the human rights through governing assistant activity.The common interest conflicts lies in the governing system of cyber space,and its becoming more complex under the modern background.The study of this paper is based on the legal practice here,the main study point is the right and obligation of ISP,the author illustrate it from two different perspective between the governed party and governing assistant,research by legal basis and legal explanation.Through the research in the existing problems lies in the management of cyber world,the author point out the four suggestions as follows: first,should pay more attention to the original character of cyber world,create a transparent environment to protect the freedom of speech,and foster the innovation to solve the governing difficulties;secondly,under the equity principle,we should maintain the stability of legal system well as adapt to the trend changes;thirdly,emphasis the importance of ISP,use the legislation to clear its right and responsibility,acquire more trust from the client;fourthly,encourage the self-discipline in cyber world,lower the cost of management,and achieve a better outcome in future.