Introduction to E-Commerce Law
Module 3 - Self Regulation Internet Sovereignty
- Self Regulation of the Internet, Internet Sovereignty
NARRATIVE
ASSIGNMENTS
SUPPLEMENTAL DOCUMENTS
CASE LAW
LINKS
IBLS ARTICLES
NARRATIVE
The major concern of folks who support Internet Self Regulation is that when governments inject political regulation into the Internet speech, rights may be adversely affected. Discussions revolve around the topics of Privacy, Pornography, Filtering, Censorship and Ethical Responsibility.
Central to the concept on the webpage provider is the question “Who is the "self" that is regulating itself?” On the user side of the question the consideration might involve throwing a loop around the definition of who should be protected. Should the “reasonable user” standard be defined by age group?
If the aim is to achieve an un-codified “Law of the Internet” that keeps political regulation aside, then who will undertake the censorship and punishment of offenders?
Groups like those mentioned below, are attempting to address the topic; however, the topic seems to have gotten away from these groups as the focus narrows to pornography and access by children.
- The Internet Content Rating Association aims to 1) protect children from potentially harmful material and 2) protect free speech on the Internet.
- The Bartelsmann Foundation in Germany states that “the cross-border flow of data requires a new culture of responsibility for media business, media policy, users, and – if illegal content is involved – law enforcement authorities.” At the Internet Content Summit in Munich on September 9-11, 1999, the Bertelsmann Foundation presented the "Memorandum on Self-Regulation", which has been worked out with the support of the international expert network. The "Memorandum on Self-Regulation" is the central pillar of the Internet Content Summit.”
- The Internet Law & Policy Forum (ILPF): Self-Regulation Working Group. The Internet Law & Policy Forum is dedicated to promoting global growth of e commerce by contributing to a better understanding of the particular legal issues that arise from the cross border nature of the electronic medium.
For those who choose the path of governmental regulation, the European Union (EU), the Federal Trade Commission (FTC), and Dept. of Commerce in the United States have many initiatives in process that do not rely on the Cyberpopulist precepts that may not protect democratic values or do not take due process into account.
As early as 1996 the Communications Decency Act of 1996 ("CDA"), (Pub L No 104-104, 110 Stat 133, codified at 47 USCA) turned the focus of self-regulation movement toward a legislated remedy. Since that time however, the focus has turned toward rating and filtering systems, and codes of conduct. It would seem that it is the consumer's responsibility to protect him and his family by adding on software products that are designed to keep objectionable material from coming onto his workstation. See the 1997 ACLU report: Fahrenheit 451.2: Is Cyberspace Burning?: How Rating and Blocking Proposals May Torch Free Speech on the Internet.
ASSIGNMENTS
Discussion Board regarding NGOs.
SUPPLEMENTAL DOCUMENTS
CASE LAW
ACLU v Reno, 929 F Supp 824, 832 (E D Pa 1995), affd, 117 § Ct 2329, 2348 (1997) Regarding the Communications Decency Act of 1996.
LINKS
- American Civil Liberties Union
- The Center for Democracy & Technology
- Electronic Privacy Information Center
- Fahrenheit 451.2: Is Cyberspace Burning?: How Rating and Blocking Proposals May Torch Free Speech on the Internet.
IBLS ARTICLES
- [1629] - INTERNET GOVERNANCE POLICIES IN THE EU AND IN THE US
- [1414] - THE VIABILITY OF INTERNET REGULATION
- [1518] - EUROPE INCREASES ELECTRONIC SURVEILLANCE TO FIGHT TERRORISM
- [1929] - AMNESTY LAUNCHES CAMPAIGN TO PRESSURE COMPANIES TO RESPECT INTERNET FREEDOM
- Self Regulation: Protecting our children on the Internet. Towards a new culture of responsibility. (2000)
- Towards a Hybrid Regulatory Scheme for the Internet. University of Chicago Legal Forum (2001)
- Council of Europe; Cyberforum; Country Information
- Summary and analysis (24 April 2002)