Regulatory models for the online world / / Rolf H. Weber.

• VerfasserIn: Weber, Rolf H.,
• Place / Publishing House: The Hague, Netherlands : : Kluwer Law International,, 2002.
• Year of Publication: 2002
• Language: English
• Physical Description: 1 online resource.

Global 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.

Table of Contents

Preface. Bibliography. I: Introduction. 1. Myth of Independence of Cyberspace. 2. Rise (and Fall?) of Cyberspace. 3. Information Superhighway. II: Law as a Structural System. 1. Law as a System. 2. Relative Autonomy of Law. 3. Substance of Law. 4. Change of Law. 5. Enforcement of Law. III: Challenges of the Online World for Legal Systems. 1. Main Characteristics of Global Networks. 2. Potential Differences between Real Space and Cyberspace. 3. Potential Inherent Legal Limits in the Online World. Control Problems in the Online World. Sovereignty Problems in the Online World. IV: Models of Regulation. 1. No Regulation. 2. Traditional Government Regulation. 3. International Agreements and Cooperation. 4. Self-Regulation. 5. Rulemaking through Technical Architecture. 6. Concluding Remarks. V: Rulemaking Approaches in the Online World. 1. Introduction. 2. Market Entry. 3. Infrastructure Stability. 4. Ownership and Distribution Systems. 5. Content. VI : Concluding Observations.