Research On The Security Obligations Of Network Service Providers

Global Internet governance has changed from a unilateral governance model by the government to a cooperative governance model by multiple forces.Through the interpretation of relevant jurisprudence and the setting of relevant laws and regulations,the security obligations of network service providers have been applied to ensure network security.China has also further improved the security obligations of network service providers through legislation.However,the specific content of its security obligations is more vague and generalized,so that its understanding and application of the study can not meet the legislative and judicial needs.Therefore,it is necessary to further promote the construction and standardization of the security guarantee obligation system of network service providers.This paper is divided into three parts.The first chapter is an overview of the security guarantee obligations of network service providers.It is divided into three sections,one is to summarize the concept of security obligation and sort out its development history from physical space to cyberspace.Secondly,the special nature of the security obligations of network service providers is explained in terms of the nature of obligations,the identification of responsible subjects and the scope of protection of rights and interests.Third,it introduces the theoretical basis of the safety guarantee obligation of network service providers,namely,the civil law principle of reliance on interests,the sociological support of danger control theory,the fair value of consistency between benefits and risks,the economic consideration of saving total social costs,the governance orientation of balance between freedom and order,and the guiding idea of unity between development and security,which provides theoretical support for its application in cyberspace.Chapter 2 discusses the regulation and implementation of the safety guarantee obligations of network service providers.Based on the analysis of the current situation of the regulation of the safety guarantee obligation of network service providers,the main problems in the application in practice are summarized,including the lack of uniform standards for judging the obligation,the unclear space for the application of the presumption of fault liability,and the imperfect mechanism for sharing network security.The third chapter is the improvement of the application of the safety guarantee obligation of network service providers.In view of the problems in practice,five aspects of the existing system are addressed,namely,clarifying the subject of obligations,unifying the content of common obligations,clarifying the judgment standard of obligation performance,clarifying the principle of imputation for violation of obligations and improving the relevant supporting system,so as to expect the security guarantee obligations of network service providers to be further improved.