Transnational Internet Law
In: Peer Zumbansen (ed.), Oxford Handbook of Transnational Law (Oxford & New York: Oxford University Press 2021)
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In: Peer Zumbansen (ed.), Oxford Handbook of Transnational Law (Oxford & New York: Oxford University Press 2021)
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In: International Encyclopedia of Digital Communication & Society, 2014
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In: IBEI Working Papers 2013/42 Telefonica Chair Series
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In: Marsden, Christopher. 2012. 'Convergence Reviews - or How Monopolists Extended Their Analogue Empires'. Telecommunications Journal of Australia 62 (3): 38.1-38.7
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In: Global Policy, Band 2
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In: ESRC 'Theme' Scoping Paper 'Success in 2005' for ESRC Centre for Research on Innovation & Competition (CRIC)
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Introduction : neutrality, discrimination and common carriage -- A brief history of net neutrality law -- The limits of competition law and communications regulation -- Noam's Arc and the zettaflood : towards specialized services? -- European Open Internet Regulation -- Three wise monkeys of net neutrality : privacy, liability and interception -- Open Internet self-regulation in the UK -- Implementing mobile net neutrality -- Net neutrality postponed.
"This study explains the concept of network neutrality and its history as an extension of the rights and duties of common carriers, as well as its policy history as examined in US and European regulatory proceedings from 1999. The book compares national and regional legislation and regulation of net neutrality from an interdisciplinary and international perspective. It also examines the future of net neutrality battles in Europe, the United States and in developing countries such as India and Brazil, and explores the case studies of Specialized Services and Content Delivery Networks for video over the Internet, and zero rating or sponsored data plans. Finally, Network neutrality offers co-regulatory solutions based on FRAND and non-exclusivity. This is a must-read for researchers and advocates in net neutrality debate, and those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance."
"This study explains the concept of network neutrality and its history as an extension of the rights and duties of common carriers, as well as its policy history as examined in US and European regulatory proceedings from 1999. The book compares national and regional legislation and regulation of net neutrality from an interdisciplinary and international perspective. It also examines the future of net neutrality battles in Europe, the United States and in developing countries such as India and Brazil, and explores the case studies of Specialized Services and Content Delivery Networks for video over the Internet, and zero rating or sponsored data plans. Finally, Network neutrality offers co-regulatory solutions based on FRAND and non-exclusivity. This is a must-read for researchers and advocates in net neutrality debate, and those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance."
In considering market developments and policy responses to some of the most heated net-neutrality debates in Europe and the United States, Net Neutrality is the first, fully comprehensive overview of the subject. This book is also unique in providing readers with a supplementary outline of recommended policy prescriptives
In: Warwick studies in globalisation
An outstanding line-up of contributors explore the regulation of the internet from an interdisciplinary perspective. In-depth coverage of this controversial area such as international political economy, law, politics, economics, sociology and internet regulation. Regulating the Global Information Society covers the differences between both US and UK approaches to regulation and establishes where policy is being made that will influence the future direction of the global information society, from commercial, democratic and middle-ground perspectives.
The 2020s will finally be the decade of cyberlaw, not as 'Law of the Horse', but as digital natives finally help bring the law syllabus, legal practice and even legislatures into the Information Society. In the first part of the chapter, I explain how the cyberlawyers of the 1990s dealt with regulation of the then novel features of the public Internet. Internet law was a subject of much interest in the 1990s in the US, and some specialist interest in UK and Europe. In Part 2, I explain the foundational rules for the adaptation of liability online initially focussed on absolving intermediaries of legal responsibility for end user posted content. This exceptionalist approach gradually gave way. While some US authors are hamstrung by a faith in the myth of the superuser and somewhat benign intentions of corporations as opposed to federal and state government, there has been a gradual convergence on the role of regulated self-regulation (or co-regulation) on both sides of the Atlantic. In Part 3, I argue that the use of co-regulation has been fundamentally embedded since European nations began to enforce these rules, with limited enforcement in which judges and regulators stated that business models largely focussed on encouraging illegal posting would not be protected. Settled policy on liability, privacy, trust, encryption, open Internet policies against filtering, were arrived at as a result of expert testimony and exhaustive hearings. In the final Part 4, I argue that hanging those policies on a whim results in potentially catastrophic results in terms of untying the Gordian knots of intermediary safe harbour/harbor, privacy, copyright enforcement, and open Internet European regulations.
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