Identification of the Reasonable Limits of Network Service Providers' Monitoring Obligations——Grounded in a Framework of Four Paramount Dimensions: Technological Feasibility, Cost-Benefit Equilibrium, the Discursive Ecosystem, and Synergistic Governance

Abstract

The rapid advancement of digital technology has placed the delineation of reasonable boundaries for network service providers' monitoring obligations at the forefront of digital governance challenges. Current legal frameworks, however, offer insufficient guidance due to the inherently ambiguous and evolving nature of these obligations, a situation compounded by lack of scholarly consensus. Consequently, judicial outcomes increasingly depend on individual judges’ discretion, resulting in inconsistent and often overly broad interpretations. In response to this pressing issue, the study seeks to establish a clearer framework for defining the limits of such obligations, with the aim of providing more consistent guidance for legal practice. To this end, we propose a value-oriented approach that balances the responsibilities of service providers, user rights, and public safety, and develop a flexible identification framework based on four key criteria: technological feasibility, cost-benefit equilibrium, the discursive ecosystem, and synergistic governance. This typology-based model is designed to offer theoretical support for the judicial determination of monitoring obligations.