5.5 Labour law The Internet has been changing the way in which we work. It has facilitated teleworking as well as a higher level of temporary and short-term workers. The Internet has been a technical infrastructure for the outsourcing of ICT and other services such as call centres and data processing units. These developments pose a new challenge for traditional labour policies and regulations. Status of governance mechanisms for labour law The policy processes in this field are in an early stage. The International Labour Organization (ILO) produced the report: Life at Work in the Information Economy (2001). Given the major problem of the use of temporary agency workers in the Internet sector, the most applicable convention is ILO Convention 181 on Private Recruitment Agencies (1997) and Supplementary Recommendation 188. Labour law is most directly related to the following Internet policy issues: the Internet of Things, child safety, privacy, disability rights, jurisdiction, intermediaries, access, the digital divide, education, and multilingualism. Possible gaps in dealing with labour law There is a knowledge gap in available data and research on the impact of the Internet on labour-related public policy issues. 5.6 Intermediaries Intermediaries play a vital role in ensuring Internet functionality. ISPs are the key online intermediaries who connect end-users to the Internet. They are often the most direct way for governments to enforce legal rules on the Internet. This is why many states have started concentrating their law enforcement efforts on ISPs. The increasing influence and role of the intermediaries has led to debates about their liability and about related juridical challenges in the cross-border Internet environment. One of the main issues is intermediary liability for content created or transmitted by users or customers using an intermediary’s services. Status of governance mechanisms for intermediaries The role of intermediaries is mainly regulated at national level. However, there are a few international mechanisms. Intermediary reliability is often discussed at the IGF. The OECD includes the role of intermediaries among its 14 principles for Internet policy-making. There are regional Internet service provider associations around the world. The European Court of Justice focuses on the role of intermediaries in the Court Case of Delfi vs Estonia (10 October 2013). 32

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