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한국의 인터넷 규제에 대한 국제·비교적 검토

International·Comparative Review for Internet Regulations in Korea

홍익법학 v.12 no.1 , 2011년, pp.213 - 254   http://dx.doi.org/10.16960/jhlr.12.1.201102.213

This article gropes for the reasonable level and desirable ways for Internet regulations in Korea by comparative and international analysis of these regulations.Internet which makes its users connect to ISP through a modem or similar tools is gradually expanding and developing into the network aggregate by the connecting of these ISPs and now becomes an enormous worldwide open communication network. The generalization of Internet as a global information and communication system and rapid increase of communication through is Internet not only one of the characteristics of globalization but also accelerator for the globalization. Internet brought the effects that allowed any person to access a kind of mass media which the power or the privileged in a society was permitted to in the past. Also, Internet contributed to the domestic democratization as well as worldwide democracy spreading.However, diverse expression methods through Internet sometimes cause socially negative effects such as a libel against other people, private information leakage, pornography posting and distributing, gambling site opening, and sometimes oppose national ideology or policy. Accordingly it is true that most of countries restrict Internet through different methods and levels. But the various restrictions on Internet may conflict with freedom of expressions as well as obviously discourage the function of Internet as a sole international open communication network.Major ISPs who have just as much publicity and popularity as broadcasting and newspapers could be referred as more centralistic rather than previous decentralizing in Internet communication. Therefore, it is necessary to distinguish the major ISPs which have corresponding influence to centralistic broadcasting and newspapers from the decentralizing ISPs, small scale group site, or the ‘social network service’, which have anonymity and two-way communication. Any government needs to strengthen the political and legal as well as systematic regulations on Internet including real name identification and various censorships. Those regulations should be designed for the more centralistic ISPs which has broad influence in the society. However, considering the limit of applying identification and balance with foreign ISPs, it is recommendable for the decentralizing and small scale ISPs to secure the autonomy and freedom of expressions in Internet including pseudonymity and anonymity access. Also, the autonomous regulations and filtering against illegal contents still need to be strengthened. Like EU, it is necessary to open the ISP’s accountability against any willful negligence upon the acknowledgement that it clearly hosts illegal Internet contents without the ISPs’ general obligation of surveillance against illegal Internet contents.It is considerable to introduce the Internet cleanup system through ‘the Good Samaritan’ of ISPs in the U.S.A. Regardless of being protected by the Constitution, a user could prohibit the access to the contents which are judged too lewd or violent, by ‘the Good Samaritan’ and those Good Samaritan cleanups are excused.Moreover, it should be highly supported to establish an autonomous system on Internet regulation through ISP network such as FDI of France and FSM of Germany, should be highly supported. In Korea, the KISO has been launched and tried the autonomous regulation on Internet by deleting or blocking any libel notices on Internet.Concerning Internet censorship, it is important to acquire the objective standards and criteria for the legality, legitimacy, and democratic justification. Especially, it is necessary to secure the transparency on Internet censoring system and to clearly open the reason of censorship as well as the information about the censoring target, and the filtering of Internet should be performed through explicit process. It should be technically reasonable and effective to block any harmful information the blocking itself...


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