Regulatory Models for the Online World


Book Description

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.




The Regulation of Cyberspace


Book Description

This volume unites cyber and mainstream regulatory theory. Using the scientific techniques of chaos and synchronicity it explains how regulatory design functions, and offers a model for the design of effective regulation.




Digital Technologies in the New Socio-Economic Reality


Book Description

This book contains contributions from the IX International Scientific Conference “Digital Transformation of the Economy: Challenges, Trends and New Opportunities,” which was organized by Samara State University of Economics (SSEU, Samara, Russia), 2021, and devoted to the 90th anniversary of this higher education institution. Digital technologies became even more in demand during the pandemic, when companies, state authorities, and educational organizations were forced to switch to a remote format of work. The “forced” digitization of the usual ways of activity required rapid and decisive changes. Understanding the ongoing digital transformation implies the relevance of further in-depth research of this issue in the context of various socioeconomic systems, interdisciplinary interactions, and cooperation between scientists and practitioners. The book is an attempt to analyze these changes and consider them from the point of view of various scientific areas (economics, management, education, law, sociology, and others). This book addresses theoretical and practical aspects by studying the digital technology application in terms of the new socioeconomic reality development: big data in the digital economy, data collection and exchange, artificial intelligence, intelligent communications, digital platforms and strategies for the sustainable development of socioeconomic systems, and new requirements of professional and business education. It provides significant value for scientists, teachers, and students of higher educational institutions.




Constitutional Crowdsourcing


Book Description

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.




Realizing a New Global Cyberspace Framework


Book Description

In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.




The Forces of Economic Globalization


Book Description

Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.




The Governance of Privacy


Book Description

This book was published in 2003.This book offers a broad and incisive analysis of the governance of privacy protection with regard to personal information in contemporary advanced industrial states. Based on research across many countries, it discusses the goals of privacy protection policy and the changing discourse surrounding the privacy issue, concerning risk, trust and social values. It analyzes at length the contemporary policy instruments that together comprise the inventory of possible solutions to the problem of privacy protection. It argues that privacy protection depends upon an integration of these instruments, but that any country's efforts are inescapably linked with the actions of others that operate outside its borders. The book concludes that, in a ’globalizing’ world, this regulatory interdependence could lead either to a search for the highest possible standard of privacy protection, or to competitive deregulation, or to a more complex outcome reflecting the nature of the issue and its policy responses.




Internet Governance at the Point of No Return


Book Description

The book begins with an analysis of the technological infrastructure environment and of the manifold regulatory theories developed in the Internet Governance context. Based on this foundation the transnational normative ecosystem is outlined, followed by a detailed discussion of the substantive Internet Governance principles (such as legitimacy, participation, transparency, accountability). These considerations lead to the presentation of relevant international legal concepts (duty of co-operation, global public goods, shared spaces, due diligence, State responsibility) that merit more attention. The outlook proposes potential approaches for improving the future of the Internet Governance design.




Rethinking the Jurisprudence of Cyberspace


Book Description

Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space.




The Individual and Privacy


Book Description

The essays selected for this volume reflect the many paths followed to develop a new, more robust methodology (idMAPPING) for investigating privacy. Each article deals with the three dimensions of time, space and place by addressing a number of questions such as: who? Which individual? When? How? Is privacy viewed from the perspective of legal theory, or of information science? Or from the viewpoint of sociology, social psychology, philosophy, information ethics or data protection law? The reader is offered a multi-disciplinary overview of the subject, a mosaic made up of several snapshots taken at different times by different scholars with different points of view. The detailed introduction increases clarity in parts of the picture where the way that the pieces fit together may not be immediately apparent, and concludes by challenging internet-era fallacies. Taken together, the articles demonstrate an innovative approach to evidence-based policy-making, and show privacy scholarship at its best.