Shaping Internet Governance Regulatory Challenges

The information society is a key issue in everyday life and a phenomenon enc- passing social, cultural, economic, and legal facettes. Currently, an information society’s legal framework is gradually crystallizing under the newly introduced term of “Internet governance”. During the last few years, intensive discussions about the contents of Internet governance have addressed manifold aspects of a possible regulatory regime. In light of the general comprehension that an international treaty structure is mi- ing and that self-regulation as a normative model does not sufce in all respects, new architectural and constitutional theories have been developed; furthermore, the international body of the Internet Governance Forum (IGF) came to life. N- withstanding the available literature on IGF, however, a thorough and systematic study sheding light on the main topics of Internet governance (such as legitimacy, transparency, accountability, and participation) and on the key regulatory issues (for example critical Internet resources, access, protection of civil liberties/- man rights, realization of security, safety and privacy standards, as well as the overcoming of the digital divide) from a legal perspective is not yet at hand. The present publication aims at discussing these legal challenges. This book has benefted from many inputs and encouragements from colleagues that I am deeply grateful for. In particular, I am indebted to the very meaningful discussions and valuable support in the preparation of the publication by my - search assistants lic. iur Mirin . a Grosz and lic. iurR . omana Weber, to lic. iur.

Informed by theories of international relations, this book assesses global political conflicts over cyberspace. It also analyzes the unique governance challenges that the Internet presents, both in terms of technical problems and control over content. The Internet is a resource of unparalleled importance to all countries and societies, but the current decentralized system of Internet governance is being challenged by some governments that seek to assert sovereign control over the technology. The political battles over governing the Internet-ones that are coming and conflicts that have already started-have far-reaching implications. This book analyzes the shifting nature of Internet governance as it affects timely and significant issues including Internet freedom, privacy, and security, as well as individual and corporate rights. Controlling Cyberspace: The Politics of Internet Governance and Regulation covers a broad range of issues related to Internet governance, presenting a technical description of how the Internet works, an overview of the Internet governance ecosystem from its earliest days to the present, an examination of the roles of the United Nations and other international and regional organizations in Internet governance, and a discussion of Internet governance in relation to specific national and international policies and debates. Readers will consider if access to the Internet is a human right and if the right to freedom of expression applies equally to the exchange of information online. The book also addresses how the digital divide between those in developed countries and the approximately 5 billion people who do not have access to the Internet access affects the issue of Internet governance, and it identifies the challenges involved in protecting online privacy in light of government and corporate control of information.

As this publication explains, freedom of expression is not just a by-product of technical change; it must be protected by legal and regulatory measures that balance a variety of potentially conflicting values and interests in a complex global ecology of choices. The impetus that this report provides for the prioritization of research in this field encourages further scrutiny of the multifaceted issues that govern the conditions for freedom of expression on the Internet. The findings of this research point to the need to better track a wider array of global, legal and regulatory trends. It is my hope that this publication proves to be a useful and informative resource for all users working in this domain, whether individual researchers, students or policy makers.

An interdisciplinary survey of the issues surrounding the governance of the Internet.

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.

The volume explores the consequences of recent events in global Internet policy and possible ways forward following the 2012 World Conference on International Telecommunications (WCIT-12). It offers expert views on transformations in governance, the future of multistakeholderism and the salience of cybersecurity. Based on the varied backgrounds of the contributors, the book provides an interdisciplinary perspective drawing on international relations, international law and communication studies. It addresses not only researchers interested in the evolution of new forms of transnational networked governance, but also practitioners who wish to get a scholarly reflection on current regulatory developments. It notably provides firsthand accounts on the role of the WCIT-12 in the future of Internet governance.

Scholars from a range of disciplines discuss research methods, theories, and conceptual approaches in the study of internet governance. The design and governance of the internet has become one of the most pressing geopolitical issues of our era. The stability of the economy, democracy, and the public sphere are wholly dependent on the stability and security of the internet. Revelations about election hacking, facial recognition technology, and government surveillance have gotten the public's attention and made clear the need for scholarly research that examines internet governance both empirically and conceptually. In this volume, scholars from a range of disciplines consider research methods, theories, and conceptual approaches in the study of internet governance.

Internet Governance: Origins, Current Issues, and Future Possibilities provides an introductory, multidisciplinary account of the forces at work in the evolving concept of internet governance and includes computer history, Internet beginnings, institutions and stakeholders, proposed models of governance, and human rights.