Wilfred Steenbruggen studied both Law and German Language and Literature at the University of Amsterdam. He is working on a thesis about the meaning and protection of the fundamental right of communications privacy in the digital era. Currently he is working as a lawyer at De Brauw Blackstone Westbroek.

Published 08.11.2001

W.A.M. Steenbruggen, Voorkomen of genezen? De zorgplicht van de ISP met betrekking tot virussen in e-mail, doctoral thesis, 2000.

Because of convergence and internationalisation of telecommunications computerviruses are a rapidly growing threat for the functioning of the informationsociety. Not only can viruses cause great damage in computers, they can also limit the availability of telecommunications services. The Love Bug proved this in Mai 2000. This growing threat justifies the question if ISP's should not have a duty to stop the further spreading of computerviruses. The common opinion in the Netherlands as in Germany is that ISP's aren't liable for the content of e-mails. The fundamental right of secrecy of telecommunications would prevent such liability, because it forbids ISP's to take notice of e-mail. The right of secrecy of telecommunications is however more than that. In the case the availability of a means of telecommunications is threatened, the right of secrecy of telecommunications prohibits giving information to third parties. This means that under specific circumstances ISP's can be liable for spreading computerviruses.

Published 07.03.2001

Updated 03.07.2012