Decriminalization Path of Net Neutrality Assisting Actions: A Perspective from Aiding and Abetting Cybercrimes

Abstract

Network neutrality assistance actions pertain to the provision of technical or service aid in an online environment to third parties, which may result in harm to others or facilitate unlawful conduct. However, when attempting to regulate such online assistance activities, traditional complicity theories encounter numerous challenges. This is primarily due to the inherent differences between online actions and conventional criminal behaviors, rendering the traditional notions of complicity difficult to apply directly. Analyzing from the perspective of aiding and abetting crimes, the decriminalization path determination of network neutrality assistance actions also confronts issues, such as defining responsibility boundaries and discerning behavioral intent. To address this, this paper adopts the "Restricted Punishment Theory" for the decriminalization path, rationally weighing the benefits and risks of network neutrality assistance actions. Utilizing empirical research, case study analysis, and comparative research methodologies, and based on the overlap analysis of the constitutive elements of aiding and abetting crimes and the refusal to fulfill cyber security management obligations, it's suggested to categorize network service providers. This provides a clearer and more rational basis for their decriminalization.