Updating the UN Guidelines for Consumer Protection for the Digital Age


Book Description

The United Nations Guidelines for Consumer Protection are an influential declaration of best practices in consumer protection law and policy. But as they were last amended in 1999, they are now overdue for an update - not least in areas where advances in technology have affected consumers, such as access to knowledge, Internet and telecommunications services, e-commerce, and digital products and services. Consumers International (CI), as the global campaigning voice for consumers, is well placed to make recommendations about what amendments should be made to address these new and emerging areas of consumer rights. This publication - which is a companion volume to a broader set of amendments developed by CI - explains our reasoning behind those proposed amendments that particularly affect consumers in the digital age. A focus of this volume - and of the Guidelines themselves - is on how effective consumer laws and policies can benefit consumers in developing and emerging economies. As such, in-depth analysis is provided of how the proposed amendments relate to consumers in India, Brazil and South Africa, either by reflecting existing best practices in those countries, or by shining light on problem areas that the proposed amendments could help address.




Holding Broadband Providers to Account


Book Description

The Internet is an empowering force for the world's consumers, connecting them with their families, governments, communities and markets both nearby and far. Broadband access is needed for them to fully take advantage of all that the Internet offers. As such, strong consumer protection for consumers of broadband services is vital, not only to enjoy the Internet itself, but to fully participate in the many other areas of modern life to which it connects them. Consumer organisations have a vital role to play in promoting high consumer protection standards for broadband providers, and in holding them to account when they fall short. This manual is designed as a primer for consumer advocates wishing to enter the battle for fair and high quality broadband services, but uncertain about where to start. It begins with an overview of the practice of consumer advocacy, including simple guidelines for effective campaigning with particular attention to key areas such as communications and partnerships. It moves on to explain the technical and policy issues that surround broadband services, including "traditional" consumer protection issues such as unfair contract terms and complaint handling, but also broader issues such as privacy and network neutrality. Finally the manual outlines three campaign ideas, responding to problems that CI members uncovered through research conducted in 2011. These are a "Broadband Disclosure Statement" to address the opacity of broadband contract terms, a "Don't Lock Me In!" campaign against providers who stop consumers from shopping around for the best deal, and a campaign to provide broadband consumers with better independent resolution services. Included are template resources from which members can "cut and paste" for use in their own campaigns, leading we hope to concrete improvements in the quality and fairness of broadband services for consumers around the world.




The End of Ownership


Book Description

An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.




Enforcement and Effectiveness of Consumer Law


Book Description

The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.




Intellectual Property Rights and Climate Change


Book Description

As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.




#Help


Book Description

Like many other areas of life, humanitarian practice and thinking are being transformed by information and communications technology. Despite this, the growing digitization of humanitarianism has been a relatively unnoticed dimension of global order. Based on more than seven years of data collection and interdisciplinary research, #Help presents a ground-breaking study of digital humanitarianism and its ramifications for international law and politics. Global problems and policies are being reconfigured, regulated, and addressed through digital interfaces developed for humanitarian ends. #Help analyses how populations, maps, and emergencies take shape on the global plane when given digital form and explores the reorientation of nation states' priorities and practices of governing around digital data collection imperatives. This book also illuminates how the growing prominence of digital interfaces in international humanitarian work is sustained and shaped by law and policy. #Help reveals new vectors of global inequality and new forms of global relation taking effect in the here and now. To understand how major digital platforms are seeking to extend their serviceable lives, and to see how global order might take shape in the future, it is essential to grasp the perils and possibilities of digital humanitarianism. #Help will transform thinking about what is at stake in the use of digital interfaces in the humanitarian field and about how, where, and for whom we are making the global order of tomorrow.




Privacy in the Information Society


Book Description

Information society projects promise wealth and better services to those countries which digitise and encourage the consumer and citizen to participate. As paper recedes into the background and digital data becomes the primary resource in the information society, what does this mean for privacy? Can there be privacy when every communication made through ever-developing ubiquitous devices is recorded? Data protection legislation developed as a reply to large scale centralised databases which contained incorrect data and where data controllers denied access and refused to remedy information flaws. Some decades later the technical world is very different one, and whilst data protection remains important, the cries for more privacy-oriented regulation in commerce and eGov continue to rise. What factors should underpin the creation of new means of regulation? The papers in this collection have been drawn together to develop the positive and negative effects upon the information society which privacy regulation implies.




Consumer Affairs and Customer Care


Book Description

The subject of this book explains the social framework of consumer rights and legal framework of protecting consumer rights that has evolved in India over the last three decades. It also explains the momentous changes in Indian consumer markets over this period as a result of economic liberalisation and provides an understanding of the problems consumers face in markets and the consumer detriment there from. It analyses the buying behavior of consumers as well as the phenomena of consumer complaints and the processes and systems to address them. The development of the consumer jurisprudence in settling consumer disputes in consumer courts under the Consumers Protection Act of 1986 and 2019 is examined in detail. Leading cases are used to explain important concepts. It also addresses the role played by quality and standardization in the market place and the roles of different agencies in establishing product and service standards. The student should be able to comprehend the business firms’ interface with consumers and the consumer related regulatory and business environment for major consumer industries of India.