Self-regulation And The Internet

by Price, Monroe Edwin

• ISBN13: 9789041123060
• ISBN10: 9041123067
• Format: Hardcover
• Copyright: 2005-01-30
• Publisher: Kluwer Law Intl

Summary

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; andan 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.

Table of Contents

Introduction	i
The Concept of Self-Regulation and the Internet	1	(28)
Introduction	1	(2)
General Concept and Characteristics	3	(11)
Defining Self-Regulation	3	(3)
Regulation and Regulatory Tools	6	(2)
Cost-Benefit Analysis	8	(2)
Taxonomy of Self-Regulation	10	(3)
Lessons from Other Industries	13	(1)
Internet Self-Regulation	14	(7)
The ``Self'' of Internet Self-Regulation	14	(2)
Justifications Behind Internet Self-Regulation	16	(1)
Self-Regulatory Tools	17	(1)
Comparative Practices	18	(3)
Conclusions and Recommendations	21	(8)
References	23	(1)
Internet Resources	24	(1)
Primary Sources	25	(2)
Legal Cases	27	(2)
Internet Codes of Conduct	29	(46)
Introduction	29	(3)
Process and Methodology	32	(12)
Outside Participation and Consultation	33	(2)
Sources of Meaning: Illegal and Harmful Content	35	(7)
Evolutionary Nature of Codes	42	(2)
Comparative Analysis of Codes	44	(23)
Framework: The 4 X C Approach	44	(22)
Comparative Summary	66	(1)
Recommendations	67	(8)
References	72	(1)
Primary Sources	72	(3)
Internet Filters and Rating Mechanisms as Self-Regulatory Tools	75	(60)
Introduction	75	(2)
Parental-Control Devices and New Technologies: Conceptual and Value Chain Approach	77	(5)
Filtering Typologies: A Continuum	77	(2)
Functional Elements of Filtering Systems	79	(2)
Overview of Possible Filter Locations along the Content Transmission Stream	81	(1)
Taking Stock: Current Models of Parental Control and Relevant Developments	82	(31)
Broadcast Filtering and Blocking Techniques: The Analogue to Digital Transition and Changing Possibilities for Child Protection	82	(15)
Internet Filtering Models	97	(16)
Models for a Converged World	113	(15)
The Elements of a Parental-Control System	113	(10)
Possible Models for a Parental-Control System	123	(5)
Summary and Conclusions	128	(7)
References	133	(2)
Shifting Paradigms: Reconsidering Regulation of Digital Content	135	(66)
Introduction	135	(1)
The Underpinnings of the Paradigm Shift	136	(5)
The Regulatory Paradigm Shift	141	(9)
The Paradigm Shift Revisited	150	(7)
Conclusion: New Scarcities and New Intermediaries	157	(2)
References	159	(4)
Appendixes
Appendix 1. Model Code: A Toolkit for Planning	163	(10)
Appendix 2. Content Filters on the Internet	173	(14)
Appendix 3. Council Recommendation	187	(11)
Appendix 4. The ``Layer Cake Model''	198	(3)
Index	201