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.
