Internet Co-Regulation

European Law, Regulatory Governance and Legitimacy in Cyberspace

By: Christopher T. Marsden

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Hardcover | 18 August 2011 | Edition Number 1

At a Glance

Hardcover
310 Pages

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22.86 x 15.24 x 1.91

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$227.67

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Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.

Industry Reviews

'... this work is to be commended as a scholarly and genuine attempt to offer a pragmatic and reasoned solution to a fraught debate where options have too often been limited to a stark binary choice between state regulation or self management.' Martina Gillen, International Journal of Law and Information Technology
'This ambitious work is a broad yet comprehensive analysis of the challenges and technical and legal complexities involved in the co-regulation of cyberspace within the EU ... Marsden's research, both evidence-based and cutting-edge, provides a broad and theoretical though clear overview of the complex legal and technical issues involved in the regulation of the Internet. In particular, this book is an invaluable source of information for those interested in regulatory reform and the ongoing challenges posed by Internet co-regulation.' The Cambridge Law Journal

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Acknowledgements	p. vii
List of abbreviations	p. xiii
Table of legislation	p. xvii
States, firms and legitimacy of regulation: insoluble issues?	p. 1
The incoming tide of Internet co-regulation	p. 5
Methodological approach: WGIG and scoping Internet governance	p. 14
Methodology for 'really really responsive regulation'	p. 24
Case studies in brief	p. 38
Conclusion: soft law and the Internet	p. 43
Internet co-regulation and constitutionalism	p. 46
Examining the origins of Internet co-regulation	p. 47
A typology of regulation	p. 51
Towards a typology of self- and co-regulation	p. 58
Judicial review and co-regulation	p. 63
Sticks not carrots: why Americans don't 'do' co-regulation	p. 66
Conclusion: co-regulation and constitutionalism	p. 70
Self-organization and social networks	p. 71
Web2.0 and alternative content regulation	p. 73
SNS and regulatory approaches	p. 77
Digital copyright	p. 89
Conclusion: governance and self-organization as examples of social entrepreneurship	p. 99
An empire entire of itself? Standards, domain names and government	p. 101
Internet Engineering Task Force (IETF)	p. 104
World Wide Web Consortium (W3C)	p. 107
ICANN and addressing infrastructure	p. 117
National registrar Nominet	p. 123
Conclusion: 'pure' self-regulation and moving targets	p. 128
Content regulation and the Internet	p. 130
Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS)	p. 132
Independent Mobile Classification Board (IMCB)	p. 139
Co-regulation in practice: Association for Video On Demand (ATVOD)	p. 147
Nederlands Instituut voor de Classificatie van Audiovisuele Media (NICAM)	p. 153
Pan European Game Information (PEGI)	p. 157
Conclusion: towards pan-sectoral, pan-European self-rating?	p. 162
Private ISP censorship	p. 164
Internet Watch Foundation (IWF)	p. 168
International Association of Internet Hotlines (INHOPE)	p. 178
Conclusion: is co-regulation emerging and is it durable?	p. 196
Analyzing case studies	p. 198
Analysis across case studies	p. 198
Co-regulation failure in practice: Digital Economy Act 2010	p. 210
ISP judicial review of DE Act	p. 216
Conclusion: better regulation and co-regulation	p. 219
Internet co-regulation as part of the broader regulatory debate	p. 221
Polycentric or just eccentric?	p. 221
Changing regulatory agendas	p. 225
Option zero is no option	p. 228
Risk and regulation	p. 231
Human rights and communications	p. 234
Conclusion: co-regulation and constitutionalism	p. 241
Bibliography	p. 243
Index	p. 277
Table of Contents provided by Ingram. All Rights Reserved.

Internet Co-Regulation

European Law, Regulatory Governance and Legitimacy in Cyberspace

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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