La complessa realtà della Rete tra "creatività" dei fornitori di servizi Internet ed esigenze regolatorie pubbliche: la sottile linea di demarcazione tra provider di servizi “content” e di “hosting attivo”

The Internet network appears as a complex reality in which the data transmission is connected with functions related to the widespread use of tools peculiar to the information and communication society, gaining increasingly in importance. Operators who provide services linked to the functions above have been growing all the time. In particular, this is involves Internet service and content providers able to allow communication and dissemination of news and opinions throughout Internet. Given such a complex reality, the national legislation still appears not to care about the differentiation of roles played by actors in the network, such as service providers and users. This confers centrality, especially at responsibility level, to the Internet providers, considered the main subject of the use of Internet services, despite the current repartition required by national legislation (in accordance with the Community law) that distinguishes among access provider, caching provider and hosting provider. Actually, despite of being sure about the relevance of the Internet Providers in order to the working (and the control) of the Internet network, it now appears evident that the Internet service providers present themselves as a universe far more complex and dynamic, with services that are to be placed in the space created by the Network and not simply in the function of transmitting or storing data entries or products. The difficulty of distinguishing between service providers and content providers is the first relevant consequence. It is mainly the latter to have been evolving in recent years. In the essay three examples are provided: institutional websites, platform administrators and spaces for discussion. In absence of a regulatory legislation at European and national level, the jurisprudence is trying to find a balance point among the various interests involved, taking into account the characteristics and the innovative nature of the network compared with existing experiences and contexts. However, it seems clear that the judicial action alone is not able to stabilize and give reliability to a sector which needs instead of rules, result of a shared reflection, able to guarantee a "regulated operativity", respectful of individual rights, competition but at the same time able to respond to the deep innovation of the information and communication that the network is carrying out

Anna Papa, La complessa realtà della Rete tra "creatività" dei fornitori di servizi Internet ed esigenze regolatorie pubbliche: la sottile linea di demarcazione tra provider di servizi “content” e di “hosting attivo” in "ECONOMIA E DIRITTO DEL TERZIARIO " 2/2012, pp 221-253, DOI: 10.3280/ED2012-002004