Trends in Court Decisions on “Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Sender” from the Perspective of Intertemporal Law.

DOI

Bibliographic Information

Other Title
  • Ⅱ　時際法が論点となっているプロバイダ責任制限法上の裁判動向

Abstract

With regard to “telephone numbers,” for which a request for disclosure of sender’s information newly became possible due to the revision of laws and regulations, I reviewed 41 court decisions that determined whether the revised laws and regulations could be applied to acts committed prior to the enforcement of the revised laws and regulations.<br> 　While most of the court cases consider that the statute in effect at the base time of the decision is naturally applicable, there are also court cases that hold that the statute in effect at the time the information was transmitted should be applied.<br> 　The reason for the divergent conclusions may lie in the nature of the right to request disclosure of the sender’s information and whether or not to emphasize the disadvantages suffered by the sender.

Journal

Details 詳細情報について

  • CRID
    1390860222062164352
  • DOI
    10.32235/alis.13.0_36
  • ISSN
    24329649
    24330264
  • Text Lang
    ja
  • Data Source
    • JaLC
  • Abstract License Flag
    Disallowed

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