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Abstract
Since time immemorial, criminal justice systems led by the law enforcement agencies, have pursued the actor who does a criminal act that constitutes an offence. Traditionally, criminal liability has been fastened on the main actor or offender who commits the crime, conspirators, and abettors and in few offences on persons representing others such as corporate entities. The new strategies mark a revolutionary shift from the main actor, the criminal, to certain non-actors in the cyber world called the 'intermediaries'. To what extent an intermediary can be held liable for the crimes committed in cyber space is a question which is mooted all over the world. The present research paper has addressed this issue through a comparative analysis of the legislative and judicial trends prevailing in various countries.
Keywords: Intermediary, Cyber Space, Jurisdiction, Liability, Internet Service Providers.
Introduction
Between the originator and the addressee of an electronic communication, and the content creator, content provider and the consumer of electronic content, there are numerous other parties in the virtual world, known as the 'intermediaries'. These intermediaries include telecom service providers, network service providers, internet service providers, web- hosting service providers, search engines, online auction web-sites, blog service providers, online payment sites, cyber cafe etc.
Imposition of responsibilities on intermediaries to act as watchdogs in the cyber world and to fasten liability on intermediaries for inaction or non-performance or breach of obligations on their part, has generated heat and a lot of controversy. These are burning issues with strong arguments for and against intermediaries. Some commentators argue that it is necessary to impose obligations and liability on intermediaries, to prevent cyber crimes and cyber anarchy. 1 To impose responsibilities in the online world, state must find ways to transpose the powers of enforcement to the internet. 2
Intermediary: Meaning and Definition
'Intermediary', with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online market places and cyber cafes.3
Role and Functions of Intermediaries
The role and functions of various intermediaries in the cyber world are...