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Internet Service Provider Liability Obligations In Cyprus

1. Introduction

            Internet service providers are the ones who serve the customers with the internet access in exchange for a certain amount considered as fees. Also, internet service providers store the data for the customers and help them to use it later. The information that is stored for the customers are sully done through the server of a worldwide web or might be through the newsgroup of Usenet. Thus, internet service providers have certain liabilities as obligations towards the customers for effective service structure. The internet service providers are often liable for the activities that are conducted by the customers, and this is the liability is executed with the detailed knowledge of the activity of the customers. If there is any the discrepancies from the part of the customers and the internet service providers are unaware of the whole fact, there are chances that the court would not be holding the internet service providerreasonable for the activity. However, if there is a proven fact that the internet service providers were aware of the activities and had knowledge of the customers, they are caught under the liability, which is common. The current study deals with the liabilities that the internet service providers need follow and are obliged to follow in the land of Cyprus.

2. Literature findings

2.1 Internet service providers’ liabilities

When an ISP organisation provides services to the customers through the different networks, it is often seen that there are differentissues in the network service. When an organisation provides services to the customers, they are liable to provide a service that is free from any of the legal issues and according to the obligation stated by the nation. It would not only help the nation to secure the network settings ........

use it later. The information that is stored for the customers are sully done through the server of a worldwide web or might be through the newsgroup of Usenet. Thus, internet service providers have certain liabilities as obligations towards the customers for effective service structure. The internet service providers are often liable for the activities that are conducted by the customers, and this is the liability is executed with the detailed knowledge of the activity of the customers. If there is any the discrepancies from the part of the customers and the internet service providers are unaware of the whole fact, there are chances that the court would not be holding the internet service providerreasonable for the activity. However, if there is a proven fact that the internet service providers were aware of the activities and had knowledge of the customers, they are caught under the liability, which is common. The current study deals with the liabilities that the internet service providers need follow and are obliged to follow in the land of Cyprus.

2. Literature findings

2.1 Internet service providers’ liabilities

When an ISP organisation provides services to the customers through the different networks, it is often seen that there are differentissues in the network service. When an organisation provides services to the customers, they are liable to provide a service that is free from any of the legal issues and according to the obligation stated by the nation. It would not only help the nation to secure the network settings but also help the people in getting superior quality service. As opined by Chiou (2014), the liability of the ISP discusses all theservice including the operations like that of the bulletin board as well as the information providers for the proprietary.

2.2 Wide ranges of liabilities of ISP

There is a wide range of the liabilities of the internet service providers, and in case of Cyprus, these liabilities include different contractual and extra-contractual liabilities. The liabilities of that are of the non-contractual type, might arise due to various reasons. The liabilities of ISP may arise from infringement of the registered personal rights which include trademarks and patents. Also, liabilities might exist there that which arises from infringement of the personal rights which are not required to be registered. These essentially include trade names and copyrights (Rose, Eldridge and Chapin, 2015). There are also ISP liabilities that arise from infringement of the personal rights inalienable (right to one’s image, name, honour and privacy). Sometimes the liabilities of the ISP arise from violation of rights of the communities (Laudon and Traver, 2013). However, in case of the obligations of liabilities of ISP in Cyprus, the most common forms of the liabilities by the internet service providers are the Liability of Copyright, Trademark Liability, Liability of fraud and Contract law and Liability of Defamation. Another important aspect of the liabilities of the internet service providers in the modern time is ISP liability in case of Cyber Crime (Usman, 2013). Thus the aspect of liabilities of the providers of internet service or ISP has been a complex issue for Cyprus, and these issues are needed to be resolved under the legal jurisdiction of the country

2.3Different liabilities involved

In the words of Karagiannis, Rodriguez and Papagiannaki (2015), the internet service providers have to be concerned with the copyright liabilities. It is a significant one as the violation of the Copyright Act is not at all tolerable by the law of the land.The internet service providers might be found liable for copyright infringement even not being directly engaged in copying the protected materials. Therefore, it can be strictly mentioned that if there were any issues with the infringement of the legal authorities, there would be chances that the ISP would be under the legal procedure.It makes it essential for the internet service providers that they must remain aware of concerned theories regarding the acts of copyright. It might be possible for the ISPs of being held liable for infringement of copyright.Another liability is the liability of the copyright regarding the legal cases.  The information that is posted on the bulletin board of the network service provider should not be otherwise affecting any of the religious sentiment.Examples can be given of different legal cases that have been fought against the matter of infringement of the legal cases. Therefore, from the different examples of the cases, it can be estimated that the utilisation of the photographs andother pictures should be done with the permission of the individuals. Another liabilityis that the trademark liabilitieswhere the internet service providers have to be effective with the promotional activities that they conduct (Cecil, 2014). It is possible for the ISPs to face liability under the theory of the contributory trademark infringement. This aspect, related to the liability regarding trademark, is a very significant issue of liability obligations of the providers of internet services. The logo or the trademark must not be in similar to the other organisations. It is the major reason why the liability has to be followed by them when they operate in the competitive market.Another liability that has to be followed is the fraud and contract. It is the liability for the reason that the service providers have to be effective in the service that they provide to the customers through the proper availability of the speedy internet services.

2.4 Liability of ISP in the areas of Cyber Crime

            In the modern time, the importance of internet is just beyond discussion. Through the extensive use of internet the dissemination of the information is being conducted at speed unfathomable (Rose, Eldridge and Chapin, 2015). Thus cyberspace is created which is actually the national environment of communication. The information dissemination gets started with web authors who are responsible for publishing the information with an aim of providing data to end users with having accessibility to the internet connection (Rose, Eldridge and Chapin, 2015). Now, complying with the rapidly growing amount of data exchanging through the cyberspace, cybercrime has been in the steady rise. The range of cybercrime has been hugely spread in Cyprus in recent times (Elkin-Koren, 2014). The challenges in this field regarding liabilities of the ISP include some of the tremendously significant aspects like laundering of electronic money and circulation of offensive information in the system of internet service providence in Cyprus.These regulations have essentially become the obligations of the liabilities for the ISPs in Cyprus.

            Thus the environment in Cyprus, with multiple publishers and users, fixing of liabilities have become questions of high uncertainty.

2.5ISPs responsibility to customers

As opined by Quach, Thaichon and Jebarajakirthy (2016), Internet service providers are the ones who deal with the network services that are provided to the customers. They are liable to the customers in different aspects and give the desired value for the same. As opined by Frieden (2017), the primary factor is that there are fewerlaws, which binds the ISP operators and companies to provide the secure connection to the customers. However, with the rules, they are bound to give the active and private services to the customers. It is only the fact that the service that is to be provided to the customers has to be closed. It is natural to gather information about the customer and hold a record of the data that is essential. However, there has to be privacy in the matter. It would be effective as the safety of the customers is necessary. On the other hand, it can be said that storing of everything has to be done digitally and this can help at the time of the emergency (Rose, Eldridge and Chapin, 2015).

To summarise, the responsibility of the internet service providers are huge ion terms of ethical considerations and all these responsibilities are aimed towards effective planning and managing of the reliable connectivity to the users. The internet service providers are also needed to ensure risk free delivery of the cyber-related wide range of services. The ISPs are responsible for Providence of accessible and reliable delivery of services to its valuable customers. This is their duty to arrange for the authentic as well as authoritative information of naming and routing. The providers of internet services must report the statistics of anonymized incidents of security to the people, who are buying their services. The customers might be made aware regarding the threats that might come through the use of internet services. The customers must be informed by these providers of internet regarding the challenges of apparent infections in their cyber connectivity so that they become aware beforehand.

2.6 Measures adopted by ISP’sto secure services

Below are noted certain strategies that would help the ISP’s in providing better services to the customers in relationto the networks. In the words of Hillmann et al. (2016),the very first step that has proven effective is using subnets with the network so that there are no interruptions in the entire process. This would be effective in the entire procedure as the customers would be able to get the best services to the customers. If interruption free services are possible to be arranged by the internet service providers, it will bring the ultimate satisfaction of the concerned customers of the internet service usage. Also this is one of the most important responsibility as well as liability of the providers of the internet service in Cyprus. On the other hand, access control list has to be used by the service providers as this help in limiting the access of the network. As opined by Tzou (2016),this identifies the user through the IP address and this helps in providing required access to the internet for the same purpose. Therefore use of such technological advancements that will help in keeping restrictions on providence of the internet access, will be helpful in case of just providence of the minimum required access of the internet services. To ensure this has been another important liability of the internet service providers.There has to be strong firewall services between the IP address of the service providers and the customer. This would help in evaluating the entire process andgiving the customers the best services with safety and protection. The password policy has to be strict so that there is no issue with the interruption in the entire process.  Connection time and the log out time have to be recorded so that there is log of suitable information at the point of emergency.

Conclusion

            Internet’s nature have modified to such a manner that security cannot be provided to a single computer at a time. All the systems that are interconnected with each other have also to be made. However, this is quite difficult and hard to achieve.  Nevertheless, the internet service providers are in a way better position. It is easy for them to protect the security of the service as they can be considered gatewayorganisation, which connects most of the systems.  The paper evaluates the responsibilities that are entrusted on the internet service providers by the legalsystem in Cyprus. There is not any such binding force as to which means for the security checking, but is necessity forthem to be checking the service provided to the customers. From the findings, it can be analysed that every connection within the entire system needs to be checked and examined so that there is no breach of security. However, it is the responsibilities of the internet service providers to secure the network service, which is provided by them to the customers. In Cyprus, compulsion must be made in the legal affairs that need to be followed so that the security is scrutinised in every aspect of the service.