Regulatory Models for the Online WorldGlobal networks have become a major political, economic, and legal topic in discussions among the participants of the "global community". Around the world, governments, legal scholars, and practitioners are in the process of developing theories in respect of the regulation of the online world. These attempts are usually based on a given national "legal culture"; this approach, however, underestimates the importance of an "umbrella" concept. The purpose of this study accordingly consists in the comparative discussion of basic regulatory models (traditional government regulation, international agreements, self-regulation, code-based-regulation) and in the evaluation of their merits related to different topics that play a role in the online world (market entry, access, infrastructure stability, intellectual property, privacy, bad content, etc.). An easy solution is obviously not possible; however, a detailed examination on a comparative legal basis can give some insights for future regulatory initiatives. |
Contents
Introduction | 101 |
Infrastructure Stability | 124 |
Ownership and Distribution Systems | 132 |
Copyright | |
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antitrust application architecture aspects BIEGEL code-based regulation competition concept concerned Court Cyberspace data protection details see BIEGEL developed domain name system Electronic enforcement essential facility established European Union example exist FROOMKIN further references Furthermore global networks GREWLICH harmonization HARVARD LAW SCHOOL human rights ICANN illegal individual infrastructure stability intellectual property intellectual property rights international agreements International Law Internet JANIS KANG Lawrence Lessig legal framework legal norms legal rules legal system LEMLEY LESSIG Lex Informatica lex mercatoria limited LUHMANN market participants ment NETANEL Nevertheless online world particular PERRITT personal information political principles Privacy Privication problems provisions Recht der Gesellschaft REIDENBERG respect restrictions safe harbor principles SAMUELSON Selbstregulierung self-regulation self-regulatory soft law Sovereignty spamming specific standards Stanford Law Review structure substantive technical Technology Law Journal theory tion topics traditional government regulation trusted systems United users VOLOKH WEBER WIPO ZITTRAIN