How to regulate information and communications technology? : a jurisprudential inquiry into legislative and regulatory techniques / Ubena, John

Thesis ( PhD-Law).- Stockholm University, 2015.

includes references.

ICT transformations have enabled emergence of new goods, services and applications that have changed the way behaviours are conducted. Moreover, ICT goods have been transformed into services, blurring the legal categories and frequently creating conflicts of interests and imbalances. In other cases fundamental rights have been threatened. The traditional legislative techniques (TLTs) regime based on command and control regulation has responded by banning certain applications or criminalising certain behaviours. But that risks stifling innovation, and expanding the imbalances, as well as facing practical ineffectiveness. As a starting point to addressing the problem, emerged a New Regulatory Culture (NRC), reflecting various regulatory approaches, legalistic, technical measures of protection, complementary strategies based on freedom of contract, proactive ones based on economic incentives, disclosures, and a shift from behaviour norms to duty of care norms. This study explores the shortcomings of the TLTs and draws the potentialities and risks of the application of NRC in ICT regulation. Three problem areas, digital copyright, Voice over Internet Protocol and net neutrality principle in which various approaches have been employed are analysed. It is concluded that the understanding of the NRC is essential in enabling the regulation to balance ICT innovations, and other interests such as the Rule of law and fundamental rights. The book's intended readership includes lawyers, legislators, regulators, ICT vendors, and anyone interested in technology regulation, practice of legislation, and contemporary regulatory approaches

eng.