Community Networks: Legal Issues, Possible Solutions and A Way Forward in the European Context

This paper analyses the existing rules on civil liability and considers their applicability on Community Networks (CNs), based on the European framework on electronic communications. In particular, the paper focuses on tort liability for three different actors: CNs’ users; ISPs, for the case of shared Internet connection; and CNs themselves, and it describes the different situations to which civil liability should be applied in relation to the three mentioned actors. As the analysis demonstrates, the structure of CNs seems irreconcilable with the aims of current legal framework for tort law. The paper tries to imagine possible steps to be taken to allow a reconciliation between CNs’ prosperity and the needs of law. Final remarks will include also possible paths that policymakers should follow in order to foster the diffusion of CNs.