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Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Communications and Technology
Publisher:
ISBN:
Category : Internet governance
Languages : en
Pages : 130
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Book Description
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Communications and Technology
Publisher:
ISBN:
Category : Internet governance
Languages : en
Pages : 130
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Book Description
Author: Roxana Radu
Publisher: Oxford University Press
ISBN: 0198833075
Category : Law
Languages : en
Pages : 257
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Book Description
This book provides an incisive analysis of the emergence and evolution of global Internet governance, revealing its mechanisms, key actors and dominant community practices. Based on extensive empirical analysis covering more than four decades, it presents the evolution of Internet regulation from the early days of networking to more recent debates on algorithms and artificial intelligence, putting into perspective its politically-mediated system of rules built on technical features and power differentials. For anyone interested in understanding contemporary global developments, this book is a primer on how norms of behaviour online and Internet regulation are renegotiated in numerous fora by a variety of actors - including governments, businesses, international organisations, civil society, technical and academic experts - and what that means for everyday users. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Author: Anastassios Gentzoglanis
Publisher: Edward Elgar Publishing
ISBN: 1849805245
Category : Political Science
Languages : en
Pages : 369
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Book Description
After decades of liberalization of the telecommunications industry around the world and technological convergence that allows for increasing competition, sector-specific regulation of telecommunications has been on the decline. As a result, the telecommunications industry stands in the middle of a debate that calls for either a total deregulation of access to broadband infrastructures or a separation of infrastructure from service delivery. This book proposes new approaches to dealing with the current and future issues of regulation of telecommunication markets on both a regional and a global scale. This volume represents a valuable compendium of ideas regarding global trends in the telecommunications industry that focus on market and regulatory issues and company strategies. With an international cast of contributors, Regulation and the Evolution of the Global Telecommunications Industry also provides insight into topics including: mobile Internet development, structural function and separation, global experiences with next generation networks, technology convergence and the role of regulation, and the regulatory impact on the balance between static and dynamic efficiencies. The empirical evidence and experiences presented here illustrate the diversity of thoughts and research that characterize this important area of academic and business research. Thus, it will be a critical reference for scholars and students of regulatory economics, policy and finance and researchers and administrators of the telecom industry.
Author: Stefan Kulk
Publisher: Kluwer Law International B.V.
ISBN: 9403514906
Category : Law
Languages : en
Pages : 543
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Book Description
All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
Author: Monroe Edwin Price
Publisher: Kluwer Law International B.V.
ISBN: 9041123067
Category : Law
Languages : en
Pages : 218
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Book Description
Every day, societal demand grows for some form of control or supervision over something that appears inherently beyond governance: the Internet. The gulf between community aspiration and the perceived limits on government capacity forces each entity, industry, and regulator to conduct a thorough and painstaking search for an appropriate solution. The resolution to this dilemma requires the innovation of regulatory design for the Internet. Without flexibility and responsiveness, traditional law and regulation cannot adequately address the transnational, intangible, and ever changing Internet space. Attempts at Internet regulation generally have moved away from direct legal control and toward more flexible variations of what can be termed ?self-regulation.? This ground-breaking book by two leading authorities in this new field of law concerns the mushrooming growth of institutions and systems of self-regulation on the Internet. Internet self-regulation involves many issues, including e-commerce, technical protocols, and domain names management, but most public concern and debate has been over illegal and harmful content on the Internet. Self-Regulation and the Internet examines how self-regulatory entities for content relate to other quasi-legal and state institutions, what powers are accorded to or seized by self-regulatory institutions, and how the use of self-regulation can contribute to the more effective and more efficient realization of both economic and societal goals. This book offers: a general and theoretical examination of self-regulation, focusing on codes of conduct; approaches to the methodology and process for adopting such codes; descriptions and evaluations of technical devices as self-regulatory tools; and an analysis of Internet self-regulation in a converged and digital environment. The analysis encompasses a wide spectrum, from technical matters of filters and transmission streams to such important legal issues as the possible meanings of such terms as ?illegal and harmful.? Crucial topics include ISP service agreements, anti-spam measures, regulation of hate speech, digital television, defining a common language for metainformation, and a great deal more. The geographic scope is global, with numerous detailed references to developments in Europe, North America, Asia, and Australia. The breadth and depth of this analysis, and the vast quantity of information that underpins it, give this book an authoritative preeminence not to be found elsewhere. In the coming years, as the material it examines continues to grow and change in ever more dramatic ways, it will be turned to again and again for its invaluable insights and recommendations.
Author: Laura DeNardis
Publisher: Yale University Press
ISBN: 0300182112
Category : Law
Languages : en
Pages : 381
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Book Description
The Internet has transformed the manner in which information is exchanged and business is conducted, arguably more than any other communication development in the past century. Despite its wide reach and powerful global influence, it is a medium uncontrolled by any one centralized system, organization, or governing body, a reality that has given rise to all manner of free-speech issues and cybersecurity concerns. The conflicts surrounding Internet governance are the new spaces where political and economic power is unfolding in the twenty-first century. This all-important study by Laura DeNardis reveals the inner power structure already in place within the architectures and institutions of Internet governance. It provides a theoretical framework for Internet governance that takes into account the privatization of global power as well as the role of sovereign nations and international treaties. In addition, DeNardis explores what is at stake in open global controversies and stresses the responsibility of the public to actively engage in these debates, because Internet governance will ultimately determine Internet freedom.
Author: Andreas von Arnauld
Publisher: Cambridge University Press
ISBN: 1108751172
Category : Political Science
Languages : en
Pages : 954
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Book Description
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Author: Ian Brown
Publisher: MIT Press
ISBN: 0262312956
Category : Law
Languages : en
Pages : 289
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Book Description
The case for a smarter “prosumer law” approach to Internet regulation that would better protect online innovation, public safety, and fundamental democratic rights. Internet use has become ubiquitous in the past two decades, but governments, legislators, and their regulatory agencies have struggled to keep up with the rapidly changing Internet technologies and uses. In this groundbreaking collaboration, regulatory lawyer Christopher Marsden and computer scientist Ian Brown analyze the regulatory shaping of “code”—the technological environment of the Internet—to achieve more economically efficient and socially just regulation. They examine five “hard cases” that illustrate the regulatory crisis: privacy and data protection; copyright and creativity incentives; censorship; social networks and user-generated content; and net neutrality. The authors describe the increasing “multistakeholderization” of Internet governance, in which user groups argue for representation in the closed business-government dialogue, seeking to bring in both rights-based and technologically expert perspectives. Brown and Marsden draw out lessons for better future regulation from the regulatory and interoperability failures illustrated by the five cases. They conclude that governments, users, and better functioning markets need a smarter “prosumer law” approach. Prosumer law would be designed to enhance the competitive production of public goods, including innovation, public safety, and fundamental democratic rights.
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Harold Feld
Publisher: Independently Published
ISBN: 9781075250798
Category :
Languages : en
Pages : 216
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Book Description
"The Case for the Digital Platform Act" is a new book from Harold Feld, Senior Vice President of Public Knowledge and longtime communications industry advocate, in collaboration with Public Knowledge and the Roosevelt Institute. This book aims to guide policymakers on what government can do to preserve competition and empower individual users in the huge swath of our economy now referred to as "Big Tech." Many Americans now wonder how they can reassert control over their lives after ceding so many decisions about our economy and our public discourse to private actors like Facebook, Google, and Amazon. But as Feld points out, we have faced similar challenges from new technologies before. Looking at more than a century of disruptive communications technologies from the telegraph to television to Twitter, Feld picks out patterns of what approaches have worked (and what hasn't) to promote competition, empower consumers and protect democracy. "The Case for the Digital Platform Act" provides a deep dive for policymakers on everything from specific recommendations on how to promote competition to a "First Amendment checklist" for content moderation, while remaining accessible to the general reader looking to participate in the debate over our digital future. Feld explains the need for a "Digital Platform Act" and for an agency specifically charged to regulate digital platforms on an ongoing basis. He proposes a new method of assessing a platform's dominance for purposes of new regulation. He also addresses questions around content moderation rights and responsibilities for companies that have found themselves policing the new public square, all while preserving the best things about digital platforms for their users. Praise for "The Case for the Digital Platform Act": "[...] a tour de force of the issues raised by the digital economy and internet capitalism. Whether you agree or disagree with Harold, these thoughts will stretch your intellect and stimulate your thinking." -Tom Wheeler, Former Chairman of the Federal Communications Commission, Visiting Fellow at The Brooking Institution "You'd be shortchanging yourself by not reading the book of such a principled advocate." -Hal Singer, Managing Director at Econ One Research, Adjunct Professor at Georgetown University's McDonough School of Business, Senior Fellow at George Washington's Institute of Public Policy "I'd bet you can't listen to Harold Feld talk about the Digital Platform Act and not think we need it as law right now. I'm glad Harold Feld and Public Knowledge are making the case for government to do the job Silicon Valley won't." -Chris Savage, Eclectablog
