Comment On The Case Of The Tort Liability Dispute Between He Xiaofei V.Huajiao Live Broadcast Platform

"The Internet era-this is the best era,this is the worst era." The Internet not only provides people with unimaginable conveniences,but also various problems.Behind the prosperous development of the Internet,the personal rights and property rights of civil subjects are all violated by the Internet,which seems to be a common phenomenon in modern society.As the actual controller of the cyberspace,the internet service provider must assume the responsibility of preventing,reducing,or even avoiding the occurrence of internet infringement liability.To a certain extent,the role played by internet service providers is the same as that of organizers of mass activities and administrators of public places such as hotels and shopping malls.Therefore,internet service providers must take legal and effective actions to protect the legitimate rights and interests of internet users in cyberspace.In fact,this is the embodiment of the security obligation in cyberspace.With the development of the times,taking the lagging nature of the law into account,traditional security obligations should not be limited to physical space,but should be appropriately extended to cyberspace that plays the same role as physical space.Therefore,based on the traditional theory of security obligations,exploring the security obligations in cyberspace will help guide internet service providers to provide network users with more convenient and efficient services,and prevent civil entities from being violated in cyberspace,the internet service provider undertakes the security obligation to provide theoretical support.This article analyzes the case of He Xiaofei V.Huajiao Live Broadcasting Network infringement and summarizes the focus of the dispute.Explains the necessity of internet service providers to undertake security obligations,network service providers’ tort liability for breaches of security guarantee obligations,and suggestions for improving internet service providers’ security obligations.