In the past several years of free trade agreement negotiations, a number of proposals for establishing an international standard of liability for copyright infringement by online intermediaries have emerged. These proposals consistently lack consideration of their implications for Internet users. Building off a public stakeholder presentation given by the author at the ninth round of negotiations of the Trans-Pacific Partnership (TPP) Agreement, held in Lima, Peru, this paper aims to identify both general principles and specific user-protecting provisions that should be considered when discussing proposals for intermediary liability.
Kaminski, Margot. 2012.Positive Proposals for Treatment of Online Intermediaries. PIJIP Research Paper no. 2012-05. American University Washington College of Law, Washington, DC.