問28
頻出度★★☆
プロバイダ責任制限法によって, プロバイダの対応責任の対象となり得る事例はどれか。
平成23年度 秋期 ITパスポート試験 問28
ストラテジ系法務 › その他の法律・ガイドライン・情報倫理
This question's explanation and your answers so far.
解説
問 28
- ア
正解 The correct answer is ア. The Provider Liability Limitation Act (formal name: Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Sender Information) deals with cases where information distributed through specified telecommunications such as message boards and SNS infringes the rights of another person. When a post defaming an individual is made on a message-board site, that individual's right to reputation is infringed, so this is exactly the situation the Act is designed for. The Act rests on two pillars: (1) under certain conditions it exempts (limits) a provider's liability for damages both when the provider deletes a post and when it does not, and (2) a victim can request the provider to disclose sender information. In other words, a provider is placed in a position where, once it receives a claim of rights infringement, it must judge whether deletion is required and, if the conditions are met, disclose sender information. Therefore ア is the case that can become subject to a provider's response liability under this Act.
Incorrectイ
Unauthorized access to a computer by a hacker is regulated by the Unauthorized Computer Access Prohibition Act (Act on the Prohibition of Unauthorized Computer Access), which punishes the intrusion itself, such as using another person's identification code without permission or breaking in through a security hole. The Provider Liability Limitation Act targets rights infringement caused by the content of distributed information, so the act of intrusion itself is outside its scope. The one held liable is the intruder, not the provider.
Incorrectウ
Sending promotional email to an unspecified large number of people (so-called spam) is governed by the Act on Regulation of Transmission of Specified Electronic Mail, which sets out the opt-in rule that advertising email may be sent only to recipients who have given prior consent, together with labeling obligations. This is a regulation imposed on the sender, and it is separate from the framework of deleting rights-infringing information and disclosing sender information that the Provider Liability Limitation Act deals with.
Incorrectエ
Using personal information beyond the scope of the purpose notified to the individual violates the prohibition on use beyond the stated purpose under the Personal Information Protection Act. The party that bears responsibility is the business operator handling that personal information itself; this is not an issue of the response liability of a provider that merely carried the communication. It is not a situation where the Provider Liability Limitation Act applies.
ここがポイント
- The Provider Liability Limitation Act covers cases where the distribution of information via specified telecommunications infringes another person's rights (reputation, privacy, copyright, and so on). Its two pillars are (1) limiting the provider's liability for damages and (2) the right to request disclosure of sender information. A 2024 amendment renamed it the Information Distribution Platform Response Act.
- Sort IT-related laws by whose conduct they regulate: unauthorized access goes with the Unauthorized Computer Access Prohibition Act; sending spam with the Act on Regulation of Transmission of Specified Electronic Mail; handling of personal information such as use beyond the stated purpose with the Personal Information Protection Act; and a provider's response to rights-infringing posts online with the Provider Liability Limitation Act. Memorize them as these one-to-one pairs.
用語