La règlementation des contenus illicites circulant sur le reseau internet en droit comparé

F) The mechanism of accreditation

The massive presence of illicit contents circulating on the network contributed to the movement for fear can have the Net surfers vis-a-vis the services offered on Internet. In order to support and increase the visibility and the notoriety of certain sites, of new activities developed, such as certification. It makes it possible to guarantee a document and to identify it thanks to a third person who carries out checks. That makes it possible to the Net surfers to have a little more confidence in the services, products or organizations which are on the network.

In Quebec, certification is envisaged by the new legislations in particular by the LCJTI^558(*) which devotes a whole section to it. Article 47 defines what a certificate constitutes^559(*) and article 51 states that the services of certification include/understand. It is about « the identity check of people and the delivery of certificates confirming their identity, identification of an association, a company or State or the exactitude of the identifier of an object ». The service provider of certification must be impartial and ensure the integrity of the certificate which it issues^560(*). He is held only with one obligation of means^561(*) and he can engage his responsibility in the event of inaccuracy or for disability of the certificate unless he does not show that he did not make a fault in the execution of his obligations^562(*).

French Project^563(*) LEN also envisages provisions on certification. The service providers of certification will be held civilly responsible in the event of intentional fault or of negligence, in particular if the information contained in the certificate is inaccurate^564(*).

Certification, like the systems of marking, make it possible to the Net surfers to reach sure information not presenting an illicit character. These controls will make it possible to control Internet, but this possibility belongs only to the users who are the only ones with being able to develop them. Indeed, it should not be forgotten that the majority of these tools are founded on voluntariate.

Quasi-legal controls are a means more or less effective of controlling Internet but they have the advantage of not being concerned with borders as can be to it also the network. Indeed, they do not stop at the borders of the various countries as can do it the national law. The latter, like let us know we it, can only apply to its territory. It is thus difficult to frame it by the only national legislations^565(*). Consequently, as soon as an element of extraneity between concerned that involves certain problems that only the international law to solve little and even there still, of the difficulties can provide. However, the countries try to develop a world regulation of Internet network.

* ⁵⁵⁸ LCJTI, above mentioned, note 252.

* ⁵⁵⁹ «  A certificate can be used to establish one or more facts of which the confirmation of the identity of a person, identification of a company, of an association or State, exactitude of an identifier of a document or another object, existence of certain attributes of a person, a document or another object or of the place between them and a device of identification or tangible or logical localization  ».

* ⁵⁶⁰ LCJTI, above mentioned, note 252, art 56.

* ⁵⁶¹ Id., art 61.

* ⁵⁶² Id., art 62.

* ⁵⁶³ Project of LEN, above mentioned, note 227 (N°235 text adopted in second reading by the French National Assembly).

* ⁵⁶⁴ Id., art 21.

* ⁵⁶⁵ The Yahoo business is a good example of the limitation of the application of the laws on Internet network. A country cannot impose its national law to the other countries. See UEJF and Licra C. Yahoo  ! Inc. and Yahoo France, above mentioned, note 25.