Private Regulation and Enforcement in the EU最新文献

{"title":"Internet Liability Law Case Study: Private Regulation and Enforcement in the EU from the Citizens’ Perspective","authors":"C. Marsden","doi":"10.5040/9781509919550.ch-011","DOIUrl":"https://doi.org/10.5040/9781509919550.ch-011","url":null,"abstract":"The internet is an interactive communications medium based on a network of networks (about 50,000 autonomous systems) of global reach. Because binary digital code can be used to transport and assemble complex artefacts via the Internet Protocol (IP – after which the internet is named), it can be considered the ‘medium of media’ – many formerly separate communications media are converging on the internet, including newspapers, television and radio, text-based information such as books and journals, and photography. Because the medium is interactive, it has increasingly been used for business – and consumer electronic commerce (e-commerce) – with huge implications for governance. It is the largest repository of human knowledge and information ever assembled. \u0000This chapter sets out the directions in which researchers can explore the regulation by and of private actors on the internet. It sets out to answer the case study research questions, grouped as follows. \u00001. What role has been exactly assigned to or been taken up by what private actors in the regulation and/or enforcement of what issue or problem? \u00002. What are the reasons or incentives underlying this preference for private regulation or enforcement over public law arrangements or for involving private actors in such arrangements? \u00003. What goals do such arrangements strive after and how realistic/achievable are these? \u00004. How ambitious can such arrangements be; what can be realistically expected from private actors? \u00005. In the case of hybrid arrangements, what is the exact nature of the private/public relation? \u00006. Do the internet self- and co-regulatory arrangements have a legal foundation, and are specific legal constraints or conditions to be respected? \u0000These six are the focus of sections 2 and 3. Section 2 explains the involvement of private actors in internet regulation, notably through co-regulation. The typology of co-regulation may be very familiar to some readers, who may proceed to their evaluation in section 3. The focus of section 4 is the main outstanding research question: how can private or public/private arrangements be regulated with a view to ensuring: \u0000• more/sufficient trust and credibility with citizens and stakeholders and the prevention of capture; \u0000• ‘internalisation’ of the set rules and therewith support and compliance; \u0000• flexibility and evaluation so as to ensure also long-term benefits of self- and co-regulation over public regulation? \u0000In this final research question, the interplay between European and national law and policy is a constant concern in such a potentially global sector. \u0000Co-regulation has been the dominant legal arrangement for the internet in Europe, and I explore in some depth the implications of co-regulation by corporations such as Google in Europe. I focus on the case study of intermediary liability, in which private enforcement of law is severely challenged by concerns regarding too little liability for privacy and free speech rights. Networks","PeriodicalId":280836,"journal":{"name":"Private Regulation and Enforcement in the EU","volume":"213 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114355917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction: EU Private Regulation and Enforcement – Mapping its Contextual, Conceptual, Constitutional and Citizens’ Dimensions","authors":"M. D. C. Buning, L. Senden","doi":"10.5040/9781509919550.ch-001","DOIUrl":"https://doi.org/10.5040/9781509919550.ch-001","url":null,"abstract":"Regulations are indispensable for the proper functioning of economies and the society. Th ey create the ‘ rules of the game ’ for citizens, business, governments and civil society. Th ey underpin markets, protect the rights and safety of citizens and ensure the delivery of public goods and services. Th e objective of regulatory policy is to ensure that regulations and regulatory frameworks work eff ectively in the public interest. 1","PeriodicalId":280836,"journal":{"name":"Private Regulation and Enforcement in the EU","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129207224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}