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Miriam C. Buiten, The Digital Services Act: From Intermediary Liability to Platform Regulation, 12 (2022) JIPITEC 361 para 1.

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%0 Journal Article
%T The Digital Services Act: From Intermediary Liability to Platform Regulation
%A Buiten, Miriam C.
%J JIPITEC
%D 2022
%V 12
%N 5
%@ 2190-3387
%F buiten2022
%X The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.
%L 340
%K Digital Service Act
%K Liability
%K Online Platforms
%K Platform Regulation
%U http://nbn-resolving.de/urn:nbn:de:0009-29-54917
%P 361-380

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Bibtex

@Article{buiten2022,
  author = 	"Buiten, Miriam C.",
  title = 	"The Digital Services Act: From Intermediary Liability to Platform Regulation",
  journal = 	"JIPITEC",
  year = 	"2022",
  volume = 	"12",
  number = 	"5",
  pages = 	"361--380",
  keywords = 	"Digital Service Act; Liability; Online Platforms; Platform Regulation",
  abstract = 	"The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.",
  issn = 	"2190-3387",
  url = 	"http://nbn-resolving.de/urn:nbn:de:0009-29-54917"
}

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RIS

TY  - JOUR
AU  - Buiten, Miriam C.
PY  - 2022
DA  - 2022//
TI  - The Digital Services Act: From Intermediary Liability to Platform Regulation
JO  - JIPITEC
SP  - 361
EP  - 380
VL  - 12
IS  - 5
KW  - Digital Service Act
KW  - Liability
KW  - Online Platforms
KW  - Platform Regulation
AB  - The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-54917
ID  - buiten2022
ER  - 
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Wordbib

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<b:Title>The Digital Services Act: From Intermediary Liability to Platform Regulation</b:Title>
<b:Comments>The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.</b:Comments>
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ISI

PT Journal
AU Buiten, M
TI The Digital Services Act: From Intermediary Liability to Platform Regulation
SO JIPITEC
PY 2022
BP 361
EP 380
VL 12
IS 5
DE Digital Service Act; Liability; Online Platforms; Platform Regulation
AB The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.
ER

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Mods

<mods>
  <titleInfo>
    <title>The Digital Services Act: From Intermediary Liability to Platform Regulation</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Buiten</namePart>
    <namePart type="given">Miriam C.</namePart>
  </name>
  <abstract>The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.</abstract>
  <subject>
    <topic>Digital Service Act</topic>
    <topic>Liability</topic>
    <topic>Online Platforms</topic>
    <topic>Platform Regulation</topic>
  </subject>
  <classification authority="ddc">340</classification>
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    <genre>academic journal</genre>
    <titleInfo>
      <title>JIPITEC</title>
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      <detail type="volume">
        <number>12</number>
      </detail>
      <detail type="issue">
        <number>5</number>
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      <date>2022</date>
      <extent unit="page">
        <start>361</start>
        <end>380</end>
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  <identifier type="issn">2190-3387</identifier>
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  <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-54917</identifier>
  <identifier type="citekey">buiten2022</identifier>
</mods>
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Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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