SUBJECTIVE RIGHT TO ACCESS CONTENT ON THE INTERNET AS A PREREQUISITE FOR USING AI TOOLS
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Abstract
The paper examines the legal framework governing access to internet content as a prerequisite for the use and operation of generative AI tools. It highlights the technical foundations of internet connectivity, the role of ISPs, and the significance of network neutrality under EU Regulation 2015/2120, which establishes a subjective right to access and distribute online content. The analysis explores lawful exceptions to this principle, including measures under Czech and EU legislation that mandate content blocking for reasons such as gambling regulation, pharmaceutical safety, food protection, sanctions, and disinformation control. The study concludes that while the right to open internet access is fundamental, the growing number of legislative exceptions and their broad interpretation pose challenges to legal certainty and the practical availability of online content essential for AI technologies.
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