Regulating Code: Good Governance and Better Regulation in the Information Age (Information Revolution and Global Politics)

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.

Business & Money

Brown, Ian

Marsden, Christopher T.

Economics

The MIT Press

Legal Theory & Systems

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.

MIT Press]

Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.

Internet Co-Regulation: European Law, Regulatory Governance and Legitimacy in Cyberspace

Specialties

Cambridge University Press

Network neutrality: From policy to law to regulation

Net neutrality is the most contested Internet access policy of our time. This book offers an in-depth explanation of the concept, addressing its history since 1999, its engineering, the policy challenges it represents and its legislation and regulation. Various case studies are presented, including Specialized Services and Content Delivery Networks for video over the Internet, and the book goes on to examine the future of net neutrality battles in Europe, the United States and developing countries, as well as offering co-regulatory solutions based on FRAND and non-exclusivity. It will be a must-read for researchers and advocates in the net neutrality debate, as well as those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance.

Humor & Entertainment

Manchester University Press

Net neutrality is the most contested Internet access policy of our time. This book offers an in-depth explanation of the concept, addressing its history since 1999, its engineering, the policy challenges it represents and its legislation and regulation. Various case studies are presented, including Specialized Services and Content Delivery Networks for video over the Internet, and the book goes on to examine the future of net neutrality battles in Europe, the United States and developing countries, as well as offering co-regulatory solutions based on FRAND and non-exclusivity. It will be a must-read for researchers and advocates in the net neutrality debate, as well as those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance.

Net Neutrality is a very heated and contested policy principle regarding access for content providers to the Internet end-user, and potential discrimination in that access where the end-user's ISP (or another ISP) blocks that access in part or whole. The suggestion has been that the problem can be resolved by either introducing greater competition, or closely policing conditions for vertically integrated service, such as VOIP.  However, that is not the whole story, and ISPs, as a whole, have incentives to discriminate between content for matters such as network management of spam, to secure and maintain customer experience at current levels, and for economic benefit from new Quality of Service standards. This includes offering a 'priority lane' on the network for premium content types such as video and voice service. The author considers market developments and policy responses in Europe and the United States, draws conclusions and proposes regulatory recommendations. Christopher T. Marsden is Senior Lecturer in Law at the University of Essex and the Director the University's LLM in Information Technology, Media and E-commerce. He was the founding co-editor of the International Journal of Communications Law and Policy. "Chris Marsden maneuvers through the hype articulated by Network Neutrality advocates and opponents. He offers a clear-headed analysis of the high stakes in this debate about the Internet's future, and fearlessly refutes the misinformation and misconceptions."--Professor Rob Freiden, Penn State University

Net Neutrality: Towards a Co-Regulatory Solution

Industries

Bloomsbury Academic

See the best price to sell, buy, or rent books by Marsden, Christopher T.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Marsden, Christopher T.

See the best price to sell, buy, or rent books by Marsden, Christopher T.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Regulating Code: Good Governance and Better Regulation in the Information Age (Information Revolution and Global Politics)

Regulating Code: Good Governance and Better Regulation in the Information Age (Information Revolution and Global Politics)

Regulating Code: Good Governance and Better Regulation in the Information Age (Information Revolution and Global Politics)

Internet Co-Regulation: European Law, Regulatory Governance and Legitimacy in Cyberspace

Network neutrality: From policy to law to regulation

Network neutrality: From policy to law to regulation

Net Neutrality: Towards a Co-Regulatory Solution