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.
of Naftel, M. & Spiwak, L.J., The Telecoms Trade
War (Oxford: Hart, 2000)’, Digital
Technology Law Journal 2001, Vol. 3:1.
of genezen? De zorgplicht van de ISP met betrekking tot
virussen in e-mail, doctoral thesis, 2000.
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