Starting Points For Ict Regulation
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Starting Points For Ict Regulation
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Author : Bert-Jaap Koops
language : en
Publisher: T.M.C. Asser Press
Release Date : 2006-04-27
Starting Points For Ict Regulation written by Bert-Jaap Koops and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-27 with Law categories.
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
Starting Points For Ict Regulation
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Author : Bert-Jaap Koops
language : en
Publisher: T.M.C. Asser Press
Release Date : 2006
Starting Points For Ict Regulation written by Bert-Jaap Koops and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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
How To Regulate Information And Communications Technology
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Author :
language : en
Publisher:
Release Date : 2015
How To Regulate Information And Communications Technology written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Computers categories.
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.
The Law Of The Future And The Future Of Law
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Author : Sam Muller
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-10-31
The Law Of The Future And The Future Of Law written by Sam Muller and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-31 with Law categories.
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).
Ict Law And Internationalisation A Survey Of Government Views
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Author : Bert-Jaap Koops
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-11-08
Ict Law And Internationalisation A Survey Of Government Views written by Bert-Jaap Koops and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-08 with Law categories.
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.
Emerging Ict Policies And Regulations
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Author : V. Sridhar
language : en
Publisher: Springer Nature
Release Date : 2019-09-26
Emerging Ict Policies And Regulations written by V. Sridhar and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-26 with Science categories.
This book constructs both educational and research arguments on various dimensions of Information and Communication Technology (ICT) policy and regulation. There has been a paradigm shift in the ICT industry due to convergence of various technologies, the ubiquity of the Internet, the emergence of app economy and the pervasiveness of social media. These pose policy and regulatory challenges in the areas of industry structure, market power of firms, pricing of products and services, interconnection of networks, radio spectrum management, intellectual property rights, data privacy and security. The common thread throughout the different sections of the book is the massive adoption of digitization by individuals, enterprises, governments and societies and the critical role of associated regulation and policy for its success. The book addresses 13 important questions in the areas of: i) Telecom Regulation including bundling of products and services, interconnection, and radio spectrum; (ii) Internet Regulation including governance of the Internet, Net Neutrality, quality of service, and cyber security; (iii) App Economy Regulation including Over The Top communication and broadcast services, ICT platform intermediation, sharing economy, data protection and privacy; and (iv) Emerging Technology Regulation including Artificial Intelligence and Intellectual Property Rights. The book explains technology and related regulatory concepts in an easy-to-read format and includes brief case studies describing the regulatory approaches from different countries. Specific focus is given to the regulatory landscape in India surrounding these questions and the lessons for similar emerging countries. Written in the form of contemporary questions and answers, this unique book appeals to researchers in ICT policy and regulation, regulators and policymakers, as well as students interested in the subject area. "The book comprehensively covers the current and emerging policy and regulatory issues relating to ICT, especially as applicable to India. Further, it provides a theoretical framework for analysing each regulatory issue along with practical implications. A good reference for researchers, regulators and policy makers." - Dr R.S. Sharma, Chairman, Telecom Regulatory Authority of India. “This book by Professor Sridhar provides an excellent overview of the challenges that the world faces in coping with the dynamic new emerging digital technologies that affect the way we work, play and communicate with each other. As the internet and mobile telephony becomes more ubiquitous and accessible to everyone regardless of socio-economic class, ICT can be used for good or for mischief. The book lays out the issues of regulating global ICT and policies that governments should adopt to enable its productive and positive use.” - Dr G Anand Anandalingam, Ralph J. Tyser Professor of Management Science, Robert H. Smith School of Business, University of Maryland, U.S.A. “Using problem-centric approach successfully opens the complexity of ICT regulation to a wider audience. Through cleverly chosen topical case examples the book links the problems of Indian and international ICT markets.” - Dr Hämmäinen Heikki, Professor, Department of Communications and Networking, Aalto University, Finland. “Prof Sridhar is a Thought Leader in the Telecom space and I have enjoyed my interaction with him over the years. This book is an excellent compendium looking at the main regulations and policies with reference to the ICT sector. It serves as a ready reckoner for new entrants and professionals alike, providing global and local perspectives on topics that impact the growing Digital Economy.” - P Balaji, Chief Regulatory and Corporate Affairs Officer, Vodafone Idea Limited, India “Emerging ICT Policies and Regulations: Roadmap to Digital Economies is a must read for understanding essential questions regarding ICT Policy and Regulation as digitization develops locally and globally. With useful information on the case of India (and other countries), the book provides a clear, comprehensive, and cogent capture of relevant concepts and practices as well as emerging challenges. Powerful illustrations make concrete the nuance of regulatory approaches and provide added value for the reader.” - Dr. Nanette S. Levinson, Professor, Internet Governance Lab, School of International Service, American University, USA, “Reference books are usually an important source of information but they are often not very readable. I am glad to say that Prof. Sridhar has managed to produce a very-well written account of ICT regulation and policies with a focus on India, and the result is a comprehensive and interesting volume with a number of very useful chapters; many of them easily digested on their own. The book is highly recommended for members of the internet and telecommunications industries, regulators and researchers.” - Dr Jairo Gutierrez, Professor and Deputy Head, Engineering Computer and Mathematical Sciences, Auckland University of Technology, New Zealand. “Professor Sridhar's book provides the required regulatory theory and framework on 13 most important issues of the digital economy and provides guidance for setting policies and rules. A comprehensive reference for students and practitioners in the area of ICT regulation.” - Dr S Sadagopan, Director and Professor, International Institute of Information Technology Bangalore, India "Emerging ICT Policies and Regulations puts together invaluable and timely research in mapping and analysing the various issues faced by digital economy in India. Prof Sridhar has captured the most pressing issues in it, pertaining to Competition Law and Policy, Intellectual Property Rights, net neutrality, data privacy, regulating OTT services etc., not just comprehensively, but in a reader friendly way. A must read for anyone wanting to get insights on the numerous challenges involved in optimally regulating ICT driven services". - Pradeep S Mehta, Secretary General, Consumer Unity & Trust Society International, India “The Book is a very exhaustive and excellent collection of contemporary issues & challenges on Policy & Regulation that the Digital Economy is likely to grapple with in the coming years. The research on each of these issues which precedes the suggested outcome ( by the author ) is very comprehensive and includes detailed analysis of the pros and cons, global best practices in the area of Policy Regulation in other Regimes , how the Indian context differs from the others and therefore , how it could possibly be addressed. " - TV Ramachandran, President, Broadband India Forum, India “Whether it is spectrum auction or license fee; net neutrality or interconnection; cybersecurity or privacy; Sridhar peels off layers and presents underlying tensions within the fast-paced technological revolution and rather slow evolution of policy & regulation.” - Deepak Maheshwari, Former Secretary - ISP Association of India, Co-Founder - National Internet eXchange of India, Former Chair - IEEE Internet Initiative, India. “An encyclopedic mapping of regulatory challenges and solutions for the sector by the always insightful Prof. Sridhar. Through a single book, he provides an accessible guide to a plurality of regulations impacting the various layers of the OSI model.” - Sunil Abraham, Executive Director, Centre for Internet & Society, India
Regulating New Technologies In Uncertain Times
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Author : Leonie Reins
language : en
Publisher: Springer
Release Date : 2019-03-21
Regulating New Technologies In Uncertain Times written by Leonie Reins and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-21 with Law categories.
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.
The Law And Regulation Of Payment Services
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Author : Rhys Bollen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-07-01
The Law And Regulation Of Payment Services written by Rhys Bollen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-01 with Law categories.
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.
Debates In Charity Law
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Author : John Picton
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-14
Debates In Charity Law written by John Picton and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools – historically so closely linked with charity – might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.
Mission Ai
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Author : Haroon Sheikh
language : en
Publisher: Springer Nature
Release Date : 2023-01-30
Mission Ai written by Haroon Sheikh and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-30 with Social Science categories.
This open access book offers a strategic perspective on AI and the process of embedding it in society. After decades of research, Artificial Intelligence (AI) is now entering society at large. Due to its general purpose character, AI will change society in multiple, fundamental and unpredictable ways. Therefore, the Netherlands Scientific Council for Government Policy (WRR) characterizes AI as a system technology: a rare type of technologies that have a systemic impact on society. Earlier system technologies include electricity, the combustion engine and the computer. The history of these technologies provides us with useful insights about what it takes to direct the introduction of AI in society. The WRR identifies five key tasks to structurally work on this process: demystification, contextualisation, engagement, regulation and positioning. By clarifying what AI is (demystification), creating a functional ecosystem (contextualisation), involving diverse stakeholders (engagement), developing directive frameworks (regulation) and engaging internationally (positioning), societies can meaningfully influence how AI settles. Collectively, these activities steer the process of co-development between technology and society, and each representing a different path to safeguard public values. Mission AI - The New System Technology was originally published as an advisory report for the government of the Netherlands. The strategic analysis and the outlined recommendations are, however, relevant to every government and organization that aims to take up 'misson AI' and embed this newest system technology in our world.