The internet and public–private governance in the European Union

The EU plays a significant role in public policy aspects of Internet governance, having created in the late 1990s the dot eu Internet Top Level Domain (TLD). This enables users to register names under a European online address label. This paper explores key public policy issues in the emergent governance system for dot eu, because it provides an interesting case of new European transnational private governance. Specifically, dot eu governance is a reconciliation resulting from a governance cultural clash between the European regulatory state and what can be described broadly as the Internet community. The EU has customised the governance of dot eu towards a public–private dispersed agencification model. The paper extends the evidence base on agencification within trans-European regulatory networks and the emergence of private transnational network governance characterised by self-regulation

Privacy self-regulation and the changing role of the state: from public law to social and technical mechanisms of governance

This paper provides a structured overview of different self-governance mechanisms for privacy and data protection in the corporate world, with a special focus on Internet privacy. It also looks at the role of the state, and how it has related to privacy self-governance over time. While early data protection started out as law-based regulation by nation-states, transnational self-governance mechanisms have become more important due to the rise of global telecommunications and the Internet. Reach, scope, precision and enforcement of these industry codes of conduct vary a lot. The more binding they are, the more limited is their reach, though they - like the state-based instruments for privacy protection - are becoming more harmonised and global in reach nowadays. These social codes of conduct are developed by the private sector with limited participation of official data protection commissioners, public interest groups, or international organisations. Software tools - technical codes - for online privacy protection can give back some control over their data to individual users and customers, but only have limited reach and applications. The privacy-enhancing design of network infrastructures and database architectures is still mainly developed autonomously by the computer and software industry. Here, we can recently find a stronger, but new role of the state. Instead of regulating data processors directly, governments and oversight agencies now focus more on the intermediaries - standards developers, large software companies, or industry associations. And instead of prescribing and penalising, they now rely more on incentive-structures like certifications or public funding for social and technical self-governance instruments of privacy protection. The use of technology as an instrument and object of regulation is thereby becoming more popular, but the success of this approach still depends on the social codes and the underlying norms which technology is supposed to embed. --

Innovative public governance through cloud computing: Information privacy, business models and performance measurement challenges

Purpose: The purpose of this paper is to identify and analyze challenges and to discuss proposed solutions for innovative public governance through cloud computing. Innovative technologies, such as federation of services and cloud computing, can greatly contribute to the provision of e-government services, through scaleable and flexible systems. Furthermore, they can facilitate in reducing costs and overcoming public information segmentation. Nonetheless, when public agencies use these technologies, they encounter several associated organizational and technical changes, as well as significant challenges. Design/methodology/approach: We followed a multidisciplinary perspective (social, behavioral, business and technical) and conducted a conceptual analysis for analyzing the associated challenges. We conducted focus group interviews in two countries for evaluating the performance models that resulted from the conceptual analysis. Findings: This study identifies and analyzes several challenges that may emerge while adopting innovative technologies for public governance and e-government services. Furthermore, it presents suggested solutions deriving from the experience of designing a related platform for public governance, including issues of privacy requirements, proposed business models and key performance indicators for public services on cloud computing. Research limitations/implications: The challenges and solutions discussed are based on the experience gained by designing one platform. However, we rely on issues and challenges collected from four countries. Practical implications: The identification of challenges for innovative design of e-government services through a central portal in Europe and using service federation is expected to inform practitioners in different roles about significant changes across multiple levels that are implied and may accelerate the challenges' resolution. Originality/value: This is the first study that discusses from multiple perspectives and through empirical investigation the challenges to realize public governance through innovative technologies. The results emerge from an actual portal that will function at a European level. © Emerald Group Publishing Limited

Always in control? Sovereign states in cyberspace

For well over twenty years, we have witnessed an intriguing debate about the nature of cyberspace. Used for everything from communication to commerce, it has transformed the way individuals and societies live. But how has it impacted the sovereignty of states? An initial wave of scholars argued that it had dramatically diminished centralised control by states, helped by a tidal wave of globalisation and freedom. These libertarian claims were considerable. More recently, a new wave of writing has argued that states have begun to recover control in cyberspace, focusing on either the police work of authoritarian regimes or the revelations of Edward Snowden. Both claims were wide of the mark. By contrast, this article argues that we have often misunderstood the materiality of cyberspace and its consequences for control. It not only challenges the libertarian narrative of freedom, it suggests that the anarchic imaginary of the Internet as a ‘Wild West’ was deliberately promoted by states in order to distract from the reality. The Internet, like previous forms of electronic connectivity, consists mostly of a physical infrastructure located in specific geographies and jurisdictions. Rather than circumscribing sovereignty, it has offered centralised authority new ways of conducting statecraft. Indeed, the Internet, high-speed computing, and voice recognition were all the result of security research by a single information hegemon and therefore it has always been in control

Diversity of Contract Law and the European Internal Market

This contribution discusses the question whether diversity of contract law among the European member states is a barrier to cross-border trade. This question is important in view of the ongoing debate about the need for a unified European private law. It has tried to answer the question by building upon insights from psychology, economics and law. It turns out that no definitive answer can be given to the question whether the savings in transaction costs through the removal of legal diversity are greater than the losses caused by the termination of competition of legal systems.Unification; Contract Law

The effects of globalisation of financial services on banking industry and stock market: an Algerian case study

Since the mid-1980s, Algeria has embarked on a programme of comprehensive financial liberalisation to establish a market-oriented financial system, and to develop the role of the Algiers Stock Exchange in the mobilisation of financial resources. The transition from a centrally planned to a market-oriented economy meant fewer regulatory barriers towards local and foreign banks. This study demonstrates that financial liberalisation is the main force that drives the globalisation of financial services, followed by financial innovations and the Internet. Globalisation has affected the performance of the two prevalent banking models in Algeria: interest based (conventional) and non- interest-based (Islamic). The benchmarks used to assess banking performance are: competition, profitability and efficiency. Quantitative and qualitative analyses show a direct link between banking efficiency and the globalisation of financial services. The study concludes that globalisation has more advantages than disadvantages to the Algerian banking sector and the Algiers Stock Exchange. The elimination of regulatory barriers has enabled state-owned banks to improve the quality of their services and to use more advanced information technologies. Private and foreign banks are also involved in the modernisation of the Algerian banking industry by launching innovative financial products and attracting local and foreign capital. However, this project emphasises that the removal of remaining regulatory obstacles would enable banks to benefit fully from the process of financial liberalisation, and to be active institutions in the financial market. Moreover, opening the Algiers Stock Exchange to large domestic and foreign companies would attract capital investments and boost equity trading in Algeria

Auto-regulating New Media

Using Foucault's (1977, 1978) notion of panoptic method of governmentality and looking at the case of Singapore's Internet policy, this paper attempts to expand on the idea-and ideals-of 'auto-regulation'(Lee, 2000, pp. 4-5; Lee & Birch, 2000). Auto-regulation, as I shall posit in this paper, provides a way for regulatory enforcement and surveillance to become sufficiently transparent and 'normalised' so that 'the exercise of power may be supervised by society as a whole'(Foucault, 1977, pp.207-208) rather than by a select group of policy and law enforcement officers, or civil society /activist groups

Managing ubiquitous eco cities: the role of urban telecommunication infrastructure networks and convergence technologies

A successful urban management system for a Ubiquitous Eco City requires an integrated approach. This integration includes bringing together economic, socio-cultural and urban development with a well orchestrated, transparent and open decision making mechanism and necessary infrastructure and technologies. Rapidly developing information and telecommunication technologies and their platforms in the late 20th Century improves urban management and enhances the quality of life and place. Telecommunication technologies provide an important base for monitoring and managing activities over wired, wireless or fibre-optic networks. Particularly technology convergence creates new ways in which the information and telecommunication technologies are used. The 21st Century is an era where information has converged, in which people are able to access a variety of services, including internet and location based services, through multi-functional devices such as mobile phones and provides opportunities in the management of Ubiquitous Eco Cities. This paper discusses the recent developments in telecommunication networks and trends in convergence technologies and their implications on the management of Ubiquitous Eco Cities and how this technological shift is likely to be beneficial in improving the quality of life and place. The paper also introduces recent approaches on urban management systems, such as intelligent urban management systems, that are suitable for Ubiquitous Eco Cities

Reflexive transnational law : the privatisation of civil law and the civilisation of private law

The author examines the emergence of a transnational private law in alternative dispute resolution bodies and private norm formulating agencies from a reflexive law perspective. After introducing the concept of reflexive law he applies the idea of law as a communicative system to the ongoing debate on the existence of a New Law Merchant or lex mercatoria. He then discusses some features of international commercial arbitration (e.g. the lack of transparency) which hinder self-reference (autopoiesis) and thus the production of legal certainty in lex mercatoria as an autonomous legal system. He then contrasts these findings with the Domain Name Dispute Resolution System, which as opposed to Lex Mercatoria was rationally planned and highly formally organised by WIPO and ICANN, and which is allowing for self-reference and thus is designed as an autopoietic legal system, albeit with a very limited scope, i.e. the interference of abusive domain name registrations with trademarks (cybersquatting). From the comparison of both examples the author derives some preliminary ideas regarding a theory of reflexive transnational law, suggesting that the established general trend of privatisation of civil law need to be accompanied by a civilisation of private law, i.e. the constitutionalization of transnational private regimes by embedding them into a procedural constitution of freedom