By Topic

Regulating Code:Good Governance and Better Regulation in the Information Age

Cover Image Copyright Year: 2013
Author(s): Brown, I.; Marsden, C.
Publisher: MIT Press
Content Type : Books & eBooks
Topics: Communication, Networking & Broadcasting ;  Computing & Processing (Hardware/Software)
  • Print

Abstract

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.

  •   Click to expandTable of Contents

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Frontmatter

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): i - xix
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Half title, Information Revolution and Global Politics, Title, Copyright, Contents, Acknowledgments, Introduction: Regulating the Information Giants View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Mapping the Hard Cases

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 1 - 20
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Standard Approaches to Internet Regulation, Geographies of Internet Regulation, Regulating Through Code, Economic and Human Rights Justifications for Regulation, Internet Regulation and Multistakeholders, Institutional Analysis of Internet Regulation, The Case Studies View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Code Constraints on Regulation and Competition

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 21 - 45
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Encryption as a User-Led Regulator, Code and Regulation: Adaptability and Regulability, Competition Law and the Internet, Interoperable Code and Communications Policy, Interoperability, Standards, and Code, Driving Interoperable Code, Toward Case Study Exploration View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Privacy and Data Protection

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 47 - 68
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Public Policy Objectives, Types of Code Regulation, Institutional Political Economy, Outcomes View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Copyrights

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 69 - 91
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Public Policy Objectives, Types of Code Regulation, Institutional Political Economy, Outcomes View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Censors

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 93 - 116
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Public Policy and Market Failure, Types of Code Regulation, Institutional Political Economy, Outcomes View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Social Networking Services

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 117 - 138
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Public Policy and Market Failure, Types of Code Regulation, User-Generated Regulation, Institutional Political Economy, Outcomes and Divergences View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Smart Pipes: Net Neutrality and Innovation

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 139 - 162
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Public Policy Objectives, Public Policy and Fundamental Rights, Types of Code Regulation, Deep Packet Inspection and Traffic Management, Institutional Political Economy, Net Neutrality, Censorship, and Developing Countries, Outcomes, The Future of Network Neutrality and the Open Internet View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Comparative Case Study Analysis

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 163 - 182
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains section titled: Cross-Sectional Comparison of Case Studies View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Holistic Regulation of the Interoperable Internet

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 183 - 203
      Copyright Year: 2013

      MIT Press eBook Chapters

      This chapter contains sections titled: Prosumer Boycotts and the Silk Thread of Consumer Law, Hard-Wiring Interoperability into Standards?, Interoperability and SNS, Internet Governance Principles: Human Rights, Free Trade, or Both?, Toward Holistic Examination of Internet Regulation View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Glossary of Abbreviations and Terms

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 205 - 210
      Copyright Year: 2013

      MIT Press eBook Chapters

      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. View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      References

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 211 - 256
      Copyright Year: 2013

      MIT Press eBook Chapters

      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. View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Index

      Brown, I. ; Marsden, C.
      Regulating Code:Good Governance and Better Regulation in the Information Age

      Page(s): 257 - 267
      Copyright Year: 2013

      MIT Press eBook Chapters

      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. View full abstract»