Network Neutrality: A Research Guide

The conclusion in a research handbook should emphasise the complexity of the problem than trying to claim a one-size-fits-all solution. I have categorised net neutrality into positive and negative (content discrimination) net neutrality indicating the latter as potentially harmful. Blocking content without informing customers appropriately is wrong: if it says ‘Internet service’, it should offer an open Internet (alongside walled gardens if that is expressly advertised as such). The issue of uncontrolled Internet flows versus engineered solutions is central to the question of a ‘free’ versus regulated Internet. A consumer- and citizen-orientated intervention depends on passing regulations to prevent unregulated nontransparent controls exerted over traffic via DPI equipment, whether imposed by ISPs for financial advantage or by governments eager to use this new technology to filter, censor and enforce copyright against their citizens. Unraveling the previous ISP limited liability regime risks removing the efficiency of that approach in permitting the free flow of information for economic and social advantage. These conclusions support a light-touch regulatory regime involving reporting requirements and co-regulation with, as far as is possible, market-based solutions. Solutions may be international as well as local, and international coordination of best practice and knowledge will enable national regulators to keep up with the technology ‘arms race’

Electronic Commerce in Developing Countries

Electronic commerce and its related activities over the internet can be the engines that improve domestic economic well-being through liberalization of domestic services, more rapid integration into globalization of production, and leap-frogging of available technology. Electronic commerce integrates the domestic and global markets from its very inception. Negotiating on trade issues related to electronic commerce will demand self-inspection of key domestic policies, particularly in telecommunications, financial services, and distribution and delivery. Technical aspects of electronic commerce, its complexity and the characteristic of network externalities should change the way that developing countries approach the external negotiating process to depend more on cooperative effort through their regional forums (APEC, FTAA). Second, since electronic commerce is characterized by “network externalities,” developing countries should take advantage of the technical leadership coming out of the private sector in the most advanced countries (and their own private sector, even if nascent) and “draft” in behind. E-commerce is not a service, nor a good, but something that is comprised of both. In the context of WTO commitments, embracing this idea could lead to a liberalizing bias in favor of electronic delivery of goods and services as compared to delivery by a scheduled mode. Rather than view this outcome with alarm, developing countries should encourage it as a positive force that furthers the development both of electronic commerce, as well as engenders deeper liberalization and deregulation throughout the economy.

Personal data protection and liability of internet service provider: a comparative approach

The users of electronic service provider often suffered losses caused by internet services did not work properly including losses due to leakage of personal data protection stored in cloud computing.  The study aims to examine electronic service provider liability upon their failure performing internet services properly and security attacks on cloud computing. This study was normative legal research by examining national and international legal materials. The finding shows that the electronic provider shall be responsible based on right and obligation agreed under the agreement.  Related to cloud computing, providing adequate security to avoid security attacks and misuse of private data that caused losses to the users becoming the liability of service provider. Based on the Federal Trade Commission Act, the liability arises on the grounds of deceptive and unfair trade practices.  Under the General Data Protection Regulation of the European Union, the liability arises on the basis as the controller then provider liable for compensation for user’s suffered damage. In Indonesia, based on the Electronic Information and Transaction Law Amendment, the liability to the owner of personal data whose rights are violated and suffered losses arises due to a failure of ISP protect the data security. For better protection in Indonesia, the protection of big data and clear territorial scope of protection become necessary to consider

Electronic security - risk mitigation in financial transactions : public policy issues

This paper builds on a previous series of papers (see Claessens, Glaessner, and Klingebiel, 2001, 2002) that identified electronic security as a key component to the delivery of electronic finance benefits. This paper and its technical annexes (available separately at http://www1.worldbank.org/finance/) identify and discuss seven key pillars necessary to fostering a secure electronic environment. Hence, it is intended for those formulating broad policies in the area of electronic security and those working with financial services providers (for example, executives and management). The detailed annexes of this paper are especially relevant for chief information and security officers responsible for establishing layered security. First, this paper provides definitions of electronic finance and electronic security and explains why these issues deserve attention. Next, it presents a picture of the burgeoning global electronic security industry. Then it develops a risk-management framework for understanding the risks and tradeoffs inherent in the electronic security infrastructure. It also provides examples of tradeoffs that may arise with respect to technological innovation, privacy, quality of service, and security in designing an electronic security policy framework. Finally, it outlines issues in seven interrelated areas that often need attention in building an adequate electronic security infrastructure. These are: 1) The legal framework and enforcement. 2) Electronic security of payment systems. 3) Supervision and prevention challenges. 4) The role of private insurance as an essential monitoring mechanism. 5) Certification, standards, and the role of the public and private sectors. 6) Improving the accuracy of information on electronic security incidents and creating better arrangements for sharing this information. 7) Improving overall education on these issues as a key to enhancing prevention.Knowledge Economy,Labor Policies,International Terrorism&Counterterrorism,Payment Systems&Infrastructure,Banks&Banking Reform,Education for the Knowledge Economy,Knowledge Economy,Banks&Banking Reform,International Terrorism&Counterterrorism,Governance Indicators

EU Directive on Copyright in the Digital Single Market and ISP Liability: What\u27s Next at International Level?

The approval of the European Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market has caused a considerable storm. Unlike the original draft, the final text provides for no general monitoring obligation. However, the ISPs will likely be required to implement filtering measures to avoid liability for unauthorized acts of communication to the public of copyrightprotected works. The lack of harmonization of the Directive with existing laws in non-EU countries will negatively impact the ISPs. To limit these consequences, this Article proposes the signature of an International Treaty in the framework of WIPO including issues such as the role of the ISPs, the liability of the ISPs and safe harbors. As regards filtering measures, the proposed Treaty gives freedom to States to implement them. Any filtering should be specific, limited, must not impose substantial costs on ISP or substantial burdens and be subject to human review

Net Neutrality

This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Chris Marsden maneuvers through the hype articulated by Netwrok Neutrality advocates and opponents. He offers a clear-headed analysis of the high stakes in this debate about the Internet's future, and fearlessly refutes the misinformation and misconceptions that about' Professor Rob Freiden, Penn State University Net Neutrality is a very heated and contested policy principle regarding access for content providers to the Internet end-user, and potential discrimination in that access where the end-user's ISP (or another ISP) blocks that access in part or whole. The suggestion has been that the problem can be resolved by either introducing greater competition, or closely policing conditions for vertically integrated service, such as VOIP. However, that is not the whole story, and ISPs as a whole have incentives to discriminate between content for matters such as network management of spam, to secure and maintain customer experience at current levels, and for economic benefit from new Quality of Service standards. This includes offering a ‘priority lane' on the network for premium content types such as video and voice service. The author considers market developments and policy responses in Europe and the United States, draws conclusions and proposes regulatory recommendations

Network Neutrality: History, Regulation and Future

Aquest article se centra en el repte global de la política de neutralitat a la Xarxa: podran els governs garantir un accés més gran a Internet encara més ràpid, mentre donen suport a les expectatives dels usuaris i els proveïdors de continguts que la censura i la filtració dels seus continguts es mantinguin a un mínim democràticament i econòmicament necessari? O l'accés obert a Internet es relegarà a un carril comparativament lent, amb carrils ràpids reservats per a serveis de vídeo, telefonia i altres serveis afavorits afiliats als proveïdors de serveis d'accés a Internet? La reglamentació de les comunicacions de telefonia, radiodifusió i Internet (inclòs el comerç electrònic) depèn de les solucions a aquestes preguntes, agrupades en el principi, convertit en eslògan, de "neutralitat a la Xarxa".Este artículo se centra en el reto global de la política de neutralidad en la red: ¿Podrán los gobiernos garantizar un mayor acceso a Internet aún más rápido, mientras apoyan a las expectativas de los usuarios y los proveedores de contenidos de que la censura y la filtración de sus contenidos se mantengan a un mínimo democrática y económicamente necesario? O ¿el acceso a Internet abierto se relegará a un carril comparativamente lento, con carriles rápidos reservados para servicios de vídeo, telefonía y otros servicios favorecidos afiliados a los proveedores de servicios de acceso a Internet? La reglamentación de las comunicaciones de telefonía, radiodifusión e Internet (incluido el comercio electrónico) depende de las soluciones a estas preguntas, agrupadas en el principio, convertido en slogan, de neutralidad en la red.This article focuses on the global policy challenge of network neutrality. Will governments be able to ensure increasing access to an ever faster Internet while supporting user and content provider expectations that censorship and filtering of their content is kept to a democratically and economically necessary minimum? Or will open Internet access be relegated to a comparatively slow lane, with fast lanes reserved for ISPs' affiliated video,  telephony  and other preferred services? Communications regulation of telephony, broadcasting and the Internet (including consumer electronic commerce) depends on the solutions found to these questions, grouped in the sloganised principle of ‘network neutrality'