Download or read book Starting Points for ICT Regulation written by Bert-Jaap Koops and published by T.M.C. Asser Press. This book was released on 2006-04-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 1 INTRODUCTION Miriam Lips 1.1 Introduction: The Complexity of Designing Regulation for ‘On-Line’ Activities 1 / . H 1 / . H J H ( H > J ( > )**) ? & F , F 4 ! " ? F > $ ? $ *”*?@A?& & ( B* 4 *”* ) C$ D 4 *”* - *>B ! :E)FE! !""# $ % $ $ chapter one > 4 E- ? > > 9==* 0 ! 0 " > 1.2 The Mutual Influence of Technological, Societal, and Regulatory Developments 1 0 F 0 > / . / . 0 0 # 0 # / 1 0 G H?? ! ! ? ! I! &! ! BJJKL 3 BJJAL *”>! BJJK ! :*! introduction # C /1 > . ( # > 9= # . F $ > # ! ( " J 6 J > > F J > ( C / . 0 J 0 > ( > 4 > F 0 ! " , 0 ( / . ! > " 4 4 3 BJJA ! JF:! $ 4 BJJAL *”> ! chapter one & 0 0 0 / . 0 1.3 New Regulatory Questions, Dilemmas, and Options in a Networked Society 1.3.1 Traditional regulatory frameworks, technical characteristics and societal transformations 9==* G G ( # . / " + . G G F E ( ( E ( ! ( " E 0 G G C

Download or read book Starting Points for ICT Regulation written by Bert-Jaap Koops and published by T.M.C. Asser Press. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the ‘on-line’ world relate to the ‘off-line’ world? Is it different, separate, or even unique compared to the off-line world, or just a part thereof? And when do we need to regulate it, and how? These have become important, but complex questions for legislators, policy-makers, regulators, and politicians who design regulatory frameworks to address fast-moving technologies that change society in intricate ways. Over the course of time, governments and international organizations have developed regulatory ‘starting points’, in order to consistently and effectively deal with ICT and Internet regulation. These offer policy one-liners such as ‘what holds off-line, must hold on-line’ and ‘regulation should be technology-neutral’. This book questions these regulatory starting points in detail and systematically explores their application, meaning and value for international e-regulation. It digs deeper than existing literature in trying to find out in which cases the starting points merit attention, and how we should really use them. This volume is the product of close collaboration and debate between scholars working at the Tilburg Institute for Law, Technology, and Society (TILT), to which international colleagues have added valuable reactions and reflections. The contributions in this volume have been written by TILT researchers Simone van der Hof, Bert-Jaap Koops, Miriam Lips, Sjaak Nouwt, Corien Prins, Maurice Schellekens. and Kees Stuurman, and by guest authors Dan Burk (University of Minnesota), Herbert Burkert (University of St. Gallen), and Yves Poullet (Facultés universitaires Notre-Dame de la Paix, Namur). This is Volume 9 in the Information Technology and Law (IT&Law) Series

Download or read book How to Regulate Information and Communications Technology written by and published by . This book was released on 2015 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: ICT transformations have enabled emergence of new goods, services and applications that have changed the way behaviours are conducted. Moreover, ICT goods have been transformed into services, blurring the legal categories and frequently creating conflicts of interests and imbalances. In other cases fundamental rights have been threatened. The traditional legislative techniques (TLTs) regime based on command and control regulation has responded by banning certain applications or criminalising certain behaviours. But that risks stifling innovation, and expanding the imbalances, as well as facing practical ineffectiveness. As a starting point to addressing the problem, emerged a New Regulatory Culture (NRC), reflecting various regulatory approaches, legalistic, technical measures of protection, complementary strategies based on freedom of contract, proactive ones based on economic incentives, disclosures, and a shift from behaviour norms to duty of care norms. This study explores the shortcomings of the TLTs and draws the potentialities and risks of the application of NRC in ICT regulation. Three problem areas, digital copyright, Voice over Internet Protocol and net neutrality principle in which various approaches have been employed are analysed. It is concluded that the understanding of the NRC is essential in enabling the regulation to balance ICT innovations, and other interests such as the Rule of law and fundamental rights. The book's intended readership includes lawyers, legislators, regulators, ICT vendors, and anyone interested in technology regulation, practice of legislation, and contemporary regulatory approaches.

Download or read book Should ICT Regulation Be Undertaken at an International Level written by Corien Prins and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication focuses on the often-heard argument that ICT regulation should be undertaken at an international level. However, numerous questions arise when trying to better define the vague notion of 'internationalisation'. What should the international regulatory instruments be focused on? What issues could and should be addressed at an international level and how does the starting point relate to national sovereignty? This chapter seeks to contribute to the understanding of the interplay between ICT developments and international regulation. In examining the many issues that arise in relation to the practice and prospects of the internationalization of ICT law, the discussion shows that the allocation of regulatory competences at national or international levels is a highly complex and multi-dimensional issue. The discussion starts with an overview of e-policy documents that address the starting point that ICT regulation should be dealt with at an international level. Subsequently, the different components of the starting point and the meanings it has or that can be attributed to it will be dealt with. Then, illustrative cases will be presented that show how the starting point works in practice. Subsequently, the oft-cited justifications for international harmonization and unification of legal rules in the area of ICT will be analyzed, discussed and commented upon. On the basis of this discussion and in order to assess whether and to what extent the starting point can be put into practice in concrete cases, the various pros and cons of international coordination and international rulemaking will be distilled. An indication can then be given of how the principle can be adapted to various situations. The discussion concludes with an assessment of the extent to which the starting point is a useful one and a presentation of suggestions to define the starting point in its most useful form.

Download or read book Should ICT Regulation Be Technology Neutral written by Bert-Jaap Koops and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article is a chapter in a book that critically examines prevalent policy one-liners for ICT regulation. In this case, the statement 'ICT regulation should be technology-neutral' is analysed. It starts with an overview of e-policies that mention this as a starting point. Next, the various components of the starting point and its potential meanings are analysed, in order to better define what is meant by the starting point. Three cases are explored that show how the starting point works in practice: electronic signatures, the constitutional right to secrecy of communications, and misuse of devices in cybercrime and DRM systems. A set of criteria is given to elaborate the starting point; these criteria can be used to assess whether and to what extent the starting point can be put into practice in concrete cases. Subsequently, the article indicates how the starting point could be effected in such cases. Finally, an assessment is made to what extent the starting point is useful. It is interpreted as being most relevant from a legislative point of view: legislation should abstract away from concrete technologies to the extent that it is sufficiently sustainable and at the same provides sufficient legal certainty. Depending on a number of criteria, such as the goal of the regulation at issue, the nature and turbulence of the technology at stake, the urgency of providing legal certainty, and the scope for interpreting the regulation, there are several ways to deal with this trade-off. Through multi-level legislation, open-ended formulations, and a mixed approach of abstract and concrete rules that are periodically evaluated, adequate legal certainty with respect to current technologies may be ensured, while at the same time sufficient scope is given for future technological developments.

Download or read book The Law of the Future and the Future of Law written by Sam Muller and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-10-31 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of robots, a closer collaboration between law and the health sector, the relation between justice and development - these are some of the topics covered in The Law of the Future and the Future of Law: Volume II. The central question is: how will law evolve in the coming years? This book gives you a rich array of visions on current legal trends. The readable think pieces offer indications of law's cutting edge. The book brings new material that is not available in the first volume of The Law of the Future and the Future of Law, published in June 2011. Among the authors in this volume are William Twining (Emeritus Quain Professor of Jurisprudence, University College London), David Eagleman (Director, Initiative on Neuroscience and Law), Hassane Cisse (Deputy General Counsel, The World Bank), Gabrielle Marceau (Counsellor, World Trade Organisation), Benjamin Odoki (Chief Justice, Republic of Uganda), Martijn W. Scheltema (Attorney at law, Pels Rijcken and Droogleever Fortuijn), Austin Onuoha (Founder, The Africa Centre for Corporate Responsibility), Lokke Moerel (Partner, De Brauw Blackstone Westbroek), S.I. Strong (Senior Fellow, Center for the Study of Dispute Resolution), Jan M. Smits (Chair of European Private Law, Maastricht University).

Download or read book ICT Law and Internationalisation A Survey of Government Views written by Bert-Jaap Koops and published by Kluwer Law International B.V.. This book was released on 2000-11-08 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal problems abound in the information society. Electronic commerce, copyright, privacy, illegal and harmful content, taxes, wiretapping governments face an enormous challenge to meet the advent of the Internet and ICT with a flexible, up-to-date, and adequate legal framework. Yet one aspect makes this challenge even more daunting: internationalisation. Law is still to a great extent based on nation states, but the information society is above all a borderless and global society. Territoriality and national sovereignty clash with the need for a global approach to address ICT-law issues. Should states leave everything to the global market, or should they intervene to protect vital national interests? How can one enforce national rules in a world where acts take place somewhere' in Cyberspace? This book presents the positions on these issues of the governments of the Netherlands, Germany, France, the UK, and the US, as well as of international organisations. How do they think about co-regulation, law enforcement, harmonisation, international cooperation, and alternative dispute resolution? How do they deal with applicable law and online contracts, privacy, international liability of Internet providers, and electronic signatures? What are the implications of the European Electronic Commerce Directive and the draft Crime in Cyberspace convention? Any legal framework that is to fit the global information society must take into account internationalisation. This volume shows to what extent governments are meeting this challenge.

Download or read book Regulating New Technologies in Uncertain Times written by Leonie Reins and published by Springer. This book was released on 2019-03-21 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with questions of democracy and governance relating to new technologies. The deployment and application of new technologies is often accompanied with uncertainty as to their long-term (un)intended impacts. New technologies also raise questions about the limits of the law as the line between harmful and beneficial effects is often difficult to draw. The volume explores overarching concepts on how to regulate new technologies and their implications in a diverse and constantly changing society, as well as the way in which regulation can address differing, and sometimes conflicting, societal objectives, such as public health and the protection of privacy. Contributions focus on a broad range of issues such as Citizen Science, Smart Cities, big data, and health care, but also on the role of market regulation for new technologies.The book will serve as a useful research tool for scholars and practitioners interested in the latest developments in the field of technology regulation. Leonie Reins is Assistant Professor at the Tilburg Institute for Law, Technology, and Society (TILT) in The Netherlands.

Download or read book Data Protection and Privacy Volume 10 written by Ronald Leenes and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Download or read book The Law Economics and Politics of International Standardisation written by Panagiotis Delimatsis and published by Cambridge University Press. This book was released on 2015-12-11 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the foundations of international standard-setting from a multidisciplinary perspective.

Download or read book Research Handbook on EU Data Protection Law written by Kosta, Eleni and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.

Download or read book Copyright Enforcement and the Internet written by Irini A. Stamatoudi and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of the existing European Union and international policies are considered in some depth, and the authors also discuss a variety of national laws and initiatives, technical measures, and the soft law and hard law models that have been proposed. In the years to come, as more and more lawyers are confronted with issues involving copyright enforcement on the Internet, this book's value as a springboard to the informed future development of this area of legal theory and practice will become more evident. For this reason, as well as for its richly detailed treatment of trends and current reality in the field, it is sure to be read and put to good use by business people, international lawyers, government officials, and interested academics in all parts of the world.

Download or read book Federal Trade Commission Privacy Law and Policy written by Chris Jay Hoofnagle and published by Cambridge University Press. This book was released on 2016-02-09 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.

Download or read book Law Norms and Freedoms in Cyberspace Droit normes et libert s dans le cybermonde written by Cécile de Terwangne and published by Éditions Larcier. This book was released on 2018-05-29 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professeur, chercheur, directeur de centre, doyen et recteur, Yves Poullet s’est illustré dans toutes les étapes et fonctions d’une carrière universitaire bien remplie, marquant des générations d’étudiants, de chercheurs, de collègues et de pairs. Spécialiste éminent et incontournable du droit de l’internet et des technologies de l’information et de la communication, il en est aussi l'un des précurseurs en fondant dès 1979 un des premiers centres de recherche européens en la matière. Par cet ouvrage, collègues, amis, anciens doctorants rendent hommage à l’une des plus belles plumes de la discipline, en lui offrant leurs réflexions sur l’influence réciproque du droit et de la technologie. Leurs contributions démontrent l’étendue de l’expertise et des réseaux européens et internationaux d’Yves Poullet. Elles s’articulent autour de trois axes qui furent autant de perspectives dans lesquelles il a inscrit sa recherche : le droit, les normes et les libertés. La richesse de ce volume témoigne de son attention à l’humain, des amitiés qu’il a nouées, mais aussi des sillons qu’il a tracés en droit des technologies de l’information et de la communication, sillons dans lesquels a poussé une forêt luxuriante, toujours fertile. C’est l’héritage d’un grand penseur, d’un véritable universitaire. =========== Yves Poullet has not merely served but excelled in all functions of the University world. Whether as professor, researcher, director of a research centre or as dean and rector, he has left a lasting impression in the minds of generations of students, researchers, colleagues and peers. He is a preeminent expert on the law of Internet and Information and Communications Technologies who, already in 1979, pioneered one of the first European research centres in the field. This volume is a tribute to Yves Poullet from colleagues, friends, former PhD researchers, offering their reflections on the reciprocal influence of law and technology. These contributions highlight both the range of expertise and the extent of the European and international networks he has nourished. They address the three main research axes Yves Poullet has developed through the years: law, norms and freedoms. The authors of this volume pay homage to a mentor, a friend, but above all to an exceptional researcher who has sown countless seeds in the field, enabling a luxurious landscape to grow and become a source of inspiration for many scholars. This is the heritage of a genuine thinker, a real academic.

Download or read book Telecommunication Economics written by Antonis M. Hadjiantonis and published by Springer. This book was released on 2012-04-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes a collaborative and selected documentation of the scientific outcome of the European COST Action IS0605 Econ@Tel "A Telecommunications Economics COST Network" which run from October 2007 to October 2011. Involving experts from around 20 European countries, the goal of Econ@Tel was to develop a strategic research and training network among key people and organizations in order to enhance Europe's competence in the field of telecommunications economics. Reflecting the organization of the COST Action IS0605 Econ@Tel in working groups the following four major research areas are addressed: - evolution and regulation of communication ecosystems; - social and policy implications of communication technologies; - economics and governance of future networks; - future networks management architectures and mechanisms.

Download or read book The Law and Regulation of Payment Services written by Rhys Bollen and published by Kluwer Law International B.V.. This book was released on 2012-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a widespread demand among businesses for more convenient and reliable international payment products, and inevitably this has led to calls for more predictable and consistent regulation of these products, especially in the light of such innovations as online payments and ‘stored value’ cards. Recognizing that recurring risks tend to be dealt with in similar ways by most legal regimes, this study – the first of its kind – draws on a detailed analysis of the strengths and weaknesses of existing regimes to develop an international model which incorporates both the legal elements and their practical application. In building his model, the author addresses the fundamental questions in the law of payment services: Who bears the risk of unauthorised payments? What must be done about claims of error? When are payments completed so that they discharge the underlying liability? When can payments be reversed? These issues are examined through in-depth descriptions of payment facilities as regulated in five key jurisdictions – Australia, the United Kingdom, the European Union, Singapore, and the United States – under the headings of scope, licensing, disclosure, obligations of the parties, liability, redress, and dispute resolution. The five regimes are further measured against the key harmonization project in this field, the UNCITRAL Model Law on Credit Transfers. The discussion is illustrated with analyses of leading cases and a number of worked examples. In summary, this very useful book synthesizes a logical and useful package of regulatory measures into a model that takes into account the lessons learnt in the regulation of payment services. Businesses will warmly welcome the study’s contribution toward reducing the cost of taking a product to market across multiple jurisdictions. Policymakers and legislators will find the task of comparing the various approaches to payment services regulation and analyzing their effectiveness greatly facilitated.

Download or read book Regulating Technologies written by Roger Brownsword and published by Bloomsbury Publishing. This book was released on 2008-10-23 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: While it is a truism that emerging technologies present both opportunities for and challenges to their host communities, the legal community has only recently begun to consider their significance. On the one hand, emerging information, bio, nano, and neurotechnologies challenge policy-makers who aspire to put in place a regulatory environment that is legitimate, effective, and sustainable; on the other hand, these same technologies offer new opportunities as potentially powerful regulatory instruments. In this unique volume, a team of leading international scholars address many of the key difficulties surrounding the regulation of emerging technological targets as well as the implications of adopting technology as a regulatory tool. How should we rise to the challenge of regulating technologies? How are the regulatory lines to be drawn in the right places and how is the public to be properly engaged? How is precaution to be accommodated, and how can the law keep pace with technologies that develop ahead of the regulatory environment? How readily should we avail ourselves of the opportunity to use technology as a regulative strategy? How are we to understand these strategies and the challenges which they raise? To what extent do they give rise to similar policy problems accompanying more 'traditional' regulatory instruments or generate distinctive challenges? While the criminal justice system increasingly relies on technological assistance and the development of a 'surveillance society', is a regulatory regime that rules by technology compatible with rule of law values?