I've Shot The Sheriff. Who's Going To Shoot The Provider?

During the last months newspapers and on-line sources have been

crowded with reports about legislators' plans to police the

Internet for a number of different reasons and through various

legal means.

An intense debate has heated up at an international level around

the so-called "three strikes and you're out"

doctrine, meant to limit illegal downloads of or to prevent access

to harmful on-line content.

In the context of the discussion the issue of liability

providers may face with respect to content posted to on-line

platforms has become, once more, a central argument. With a

remarkable sense of proper timing in Italy an earlier (and leading)

court case is hitting again the headlines of local newspapers.

Back in 2006 the local public opinion was shaken by an episode

of "bullying", which involved a group of minors, who

recorded themselves with a mobile phone while harassing and beating

a young disabled in a classroom of their school. The video was then

posted on a web portal (in the Section "Funny

Videos").

A local not-for-profit advocacy group, assisting people affected

by the syndrome of Down, became aware of the existence of the

video, held that the episode resulted in a criminal offense and

therefore brought the facts to the attention of the Public

Prosecutor in Milan.

The Prosecutor felt that he had to investigate not only with

respect to the individuals involved in the bullying episode, but

also on the potential liability of several country managers of the

company running the web portal. This despite the fact that the

Italian subsidiary of the Internet company, as soon as informed

about the video's posting, had arranged for immediate removal

(within hours from the notice, even before the Prosecutor took

action).

The national press reported widely about what happened and an

intense discussion started, involving the general public as well as

politicians (calling for stricter control on Internet content) and

legal experts.

While the episode itself clearly did leave no space at all for

disagreement (nobody obviously intending to question the need of

immediate action against the youngsters responsible for the

bullying), the discussion focused on the legal aspects implied by

the proceeding against the Internet company's managers.

In a press release a company spokesman stressed that, once

achieved awareness about the episode, instant action had been taken

in order to quick take down of the video and unconditional

cooperation had been offered...