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Regulating Code by Ian Brown

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Regulating Code by Ian Brown

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.

Marsden, Christopher T.: - Christopher T. Marsden LL.B., LL.M., Ph.D. is Senior Lecturer in Law, University of Essex (2007-). In addition to this book, he is author of Net Neutrality: Towards a Co-regulatory Solution (2010) and three other edited or co-authored books. His research concerns socio-legal regulation, internet law and policy, and has appeared in peer-reviewed articles and reports for the European Commission, European governments, the OSCE and the Council of Europe, and national regulators and foundations. (See http: //ssrn.com/author=220925 for more information). He was senior analyst, RAND Europe (2005-7), Lecturer at Warwick University (1997-2000) and a regulatory director/general counsel at ISPs and start-ups between 2000 and 2003. He was Research Fellow at Harvard University's Kennedy School (1999), Industrial Policy Fellow at the Cambridge University Computer Lab (2006-8) and has been a visiting fellow at law schools in the UK, US, Japan and Australia.
SKU Unavailable
ISBN 13 9780262018821
ISBN 10 0262018829
Title Regulating Code
Author Ian Brown
Series Information Revolution And Global Politics
Condition Unavailable
Binding Type Hardback
Publisher The Mit Press
Year published 2013-03-01
Number of pages 288
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.