Responsabilità civile dell’Internet service provider. Tra favor per il progresso e tutela dei danneggiati

The paper reviews the evolution of Internet service provider liability under Italian private law and European legislation. It reflects the changing view, over time, of the relationship between the development of the Internet and the protection of injured parties. In fact, there has been a shift from affirming provider liability to denying it, to reaffirming it in a different guise. Finally, the essay focuses on the provisions of Article 54 of Regulation 2065/2022/EU concerning civil liability for breach of the obligations imposed on providers. In particular it examines the problem of third parties who have suffered damage. The latter are not protected by the regulation but are nevertheless entitled to compensation under the rules of non-contractual liability.