Shaping Internet Governance: Regulatory Challenges
The information society is a key issue in everyday life and a phenomenon enc- passing social, cultural, economic, and legal facettes. Currently, an information society’s legal framework is gradually crystallizing under the newly introduced term of “Intern
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Rolf H. Weber
Shaping Internet Governance: Regulatory Challenges in collaboration with Mirina Grosz and Romana Weber
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Professor Dr. Rolf H. Weber Professor for Civil, Business and European Law Faculty of Law University of Z¨urich R¨amistr. 74/38 CH-8001 Z¨urich [email protected]
ISBN 978-3-642-04619-3 e-ISBN 978-3-642-04620-9 DOI 10.1007/978-3-642-04620-9 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2009943299 c Schulthess Juristische Medien AG, Zurich – Basel – Geneva 2009 Copyright ISBN 978-3-7255-5891-9 www.schulthess.com Published by Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only with permission of the copyright holder. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface The information society is a key issue in everyday life and a phenomenon encompassing social, cultural, economic, and legal facettes. Currently, an information society’s legal framework is gradually crystallizing under the newly introduced term of “Internet governance”. During the last few years, intensive discussions about the contents of Internet governance have addressed manifold aspects of a possible regulatory regime. In light of the general comprehension that an international treaty structure is missing and that self-regulation as a normative model does not suffice in all respects, new architectural and constitutional theories have been developed; furthermore, the international body of the Internet Governance Forum (IGF) came to life. Notwithstanding the available literature on IGF, however, a thorough and systematic study sheding light on the main topics of Internet governance (such as legitimacy, transparency, accountability, and participation) and on the key regulatory issues (for example critical Internet resources, access, protection of civil liberties/human rights, realization of security, safety and privacy standards, as well as the overcoming of the digital divide) from a legal perspective is not yet at hand. The present publication aims at discussing these legal challenges. This book has benefited from many inputs and encouragements from colleagues that I am deeply grateful for. In particular, I am indebted to the very meaningful discussions and valuable support in the preparation of the publication by my research assistants lic. iur. Mirina Grosz and lic. iur. Romana Weber, to lic. iur. K
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