問30
頻出度★★☆
プロバイダが提供したサービスにおいて発生した事例のうち, 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ものはどれか。
平成30年度 春期 ITパスポート試験 問30
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 30
- ア
正解 The Provider Liability Limitation Act (now named the Information Distribution Platform Response Act) is a law that, when information circulated on a message board, posting site, or other venue mediated by a provider infringes on another person's rights, defines the scope of the provider's liability for damages as well as the responses it must take at a victim's request, such as disclosing the sender's information or deleting the content. Choice ア, in which personal information such as a name was posted on a posting site and infringed on the individual's rights (privacy, reputation, etc.), is exactly a case of rights infringement caused by the circulation of information, so it can become subject to the provider's response obligations. Therefore the correct answer is ア.
Incorrectイ
A virus infection caused by an email attachment is damage from a computer virus (malicious program), not rights infringement caused by information circulated on a message board or similar venue. It does not fall under the rights infringement caused by the circulation of information that the Provider Liability Limitation Act addresses, so it is outside the scope of the response obligations.
Incorrectウ
Repeatedly receiving promotional emails (spam) that one has not consented to is a matter regulated by the Act on Regulation of Transmission of Specified Electronic Mail, not something covered by the Provider Liability Limitation Act.
Incorrectエ
Using an ID and password without permission to access a shopping site is unauthorized access regulated by the Unauthorized Computer Access Act, not something covered by the Provider Liability Limitation Act, which deals with rights infringement caused by the circulation of information.
ここがポイント
- The Provider Liability Limitation Act (Information Distribution Platform Response Act) is a law that, for rights infringements caused by information circulated on message boards, posting sites, and similar venues (defamation, invasion of privacy, etc.), defines the scope of a provider's liability for damages and its responses such as disclosing sender information and deleting content.
- Spam falls under the Act on Regulation of Transmission of Specified Electronic Mail, unauthorized access under the Unauthorized Computer Access Act, and virus damage under a different area — judge by distinguishing which law each case falls under.
用語