33 Current Issues and Liability Facing Internet Intermediaries

The Internet is formed from the interconnection of a succession of linked hosts. Originally envisaged by the United States government, the Internet was developed to offer a network solution to the military in time of war. It has been adapted to use by the general public opening up access to private companies hence creating an international commercial network. In the physical world, intermediaries are generally conscious players that are actively involved with a transaction. They will generally have some type of legal relationship with the other party that has been negotiated and agreed in advance. An Internet intermediary may not be consciously involved in the transaction and further may not have any pre-existing relationship. In this paper, we look at the legal implications that can result as a consequence of the changes in legal frameworks and paradigms.