INTERNET SERVICE PROVIDER DELINQUERE ET PUNIRI POTEST?

The overall aim of this research project is to contribute to theoretical framework concerning the creation of Internet Service Providers crime responsibility for offenses committed by third persons abusing the infrastructure of the internet. After a first investigation into the concept of “computer crime”, a catching and meaningful term that has not an internationally recognized legal definition but that, at European level, is included in the list of areas of “serious crimes” of the Article 83 of the Lisbon Treaty, the central question for this project is a deeper understanding of the conditions and bounds of ISPs crime responsibility.The rapid and pervasive development of information and communication technologies and infrastructures, enhanced by phenomena such as Internet, is leading to an ever changing world. Digital mobility is changing the way of working and business practices, it is changing the way in which we communicate, let’s think to the more and more important role of social networks and it has created opportunities for unanticipated economic and social developments. New opportunities has been created to allow a free and immediate access to a huge range of information and contents. But of course, all these positive effects for the economic, political, professional and interpersonal exchanges brings also uncountable risks. Cyber incidents affecting millions of users are becoming more and more common and they are increasing on a large scale. ISPs come and act in many forms and sizes and go by many names, such as phone companies, cable and wireless companies, etc. They are the Internet stewards that plan and manage resources, providing reliable connectivity and ensuring delivery for traffic and services, so, because of their important role we should therefore ask whether ISPs should have additional duties ensuring the reliable delivery as an essential service. We have also to understand if the information and communication industry can be considered responsible for offenses committed by third persons abusing the infrastructure of the internet. This issue raises numerous legal problems, which are at first connected to the structure of crime responsibility and in particular the criteria of the “personality” of criminal liability ex art. 27 Cost.Because of the intrinsic factor of internationalization of the cyberspace is necessary a comparative approach and the examination of the models of crime responsibility contemplated in other country, such as Germany or United States, and of the European Union Law (for example Directive 2000/31/EC).The supranational dimension and huge importance of the matter object of the research involves the need to create solutions not only at a European level but also internationally.