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Regulating Digital Industries by Mark MacCarthy Pdf
Regulating Digital Industries is the first book to address the tech backlash within a coherent policy framework. It treats competition, privacy and free speech as objectives that must be pursued in a coordinated fashion by a dedicated industry regulator. It contains detailed discussions of current policy controversies involving social media companies, search engines, electronic commerce platforms and mobile apps. It argues for new laws and regulations to promote competition, privacy and free speech in tech and outlines the structure and powers of a regulatory agency able to develop, implement and enforce digital rules for the twenty-first century. Deeply informed by the history of regulation and antitrust in the United States, it brings to bear insights from the breakup of AT&T and the Microsoft case and from broadcasting and financial services regulation to enrich the discussion of remedies to the failure of tech competition, the massive invasion of privacy by digital firms and the information disorder perpetuated by social media platforms. It offers a comprehensive summary of regulatory reform efforts in the United States and abroad and shows how accomplishing the goals of these reform efforts requires the establishment of a single digital agency with jurisdiction to reconcile and balance the complementary and conflicting goals of promoting competition, protecting privacy, and preserving free speech in digital industries. It discusses in detail how a digital regulatory agency would be structured and the powers it would need to have. It confronts head on some of the challenges in establishing a strong digital regulator including the First Amendment roadblock that limits government authority over digital speech and the judicial opposition to the expansion of the administrative state. It is essential reading for policymakers, public interest advocates, industry representatives, academic researchers and the general public interested in a coherent policy approach to today’s tech industry discontents.
The Rise of the New Network Industries by Juan Montero,Matthias Finger Pdf
Cutting through the confusion around the nature and implications of digitalization, this book explores the rise of the new digital networks, how they affect traditional infrastructure, and how they will eventually need to be regulated. The authors examine how digitalization affects infrastructures in telecommunications, transport, and energy, and how digital platforms establish themselves as a new network on top of and in addition to traditional ones. Complex concepts are introduced through short and colorful stories about the founders of the most popular platforms (Google, Facebook, Skype, Uber, etc.) and how they grew to positions of power, drawing parallels with century-old traditional network industries’ monopoly power (AT&T, General Electric, etc.). The authors argue that these digital platforms strongly interfere with traditional infrastructures that are heavily regulated and provide essential services for society – meaning that digital platforms should be considered as a new and much more powerful type of infrastructure and will require regulation accordingly. A global audience of policy makers, public authorities, consultants, lawyers, students, and academics, as well as anyone with an interest in these digital platforms, will find this book enlightening and essential reading.
Regulating Digital Markets by Antonio Manganelli,Antonio Nicita Pdf
This book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.
We once thought of cyberspace as a borderless world. As the internet has become increasingly platformized, with a small number of technology giants that dominate the global digital economy, concerns about information monopolies, hateful online content, and the impact on media content creators and creative industries have become more marked. Consequently governments, politicians, and civil society are questioning how digital platforms can or should be regulated. In this up-to-the-minute study, Terry Flew engages with important questions surrounding platform regulation. Starting from the premise that governance is an inherent feature of digital platforms, he argues that the challenge is to develop the best frameworks for balancing external regulatory oversight with the internal governance practices of platform companies. The intersection of media policy, information policy, and economic policy is an important element of policy frameworks, as national authorities increasingly seek to engage with the power of global digital platforms. Lively and accessible, Regulating Platforms is a go-to text for students and scholars of media and communication.
Author : Jan Krämer,Pierre Senellart ,Alexandre de Streel Publisher : Centre on Regulation in Europe asbl (CERRE) Page : 103 pages File Size : 44,7 Mb Release : 2020-06-15 Category : Political Science ISBN : 8210379456XXX
Making data portability more effective for the digital economy by Jan Krämer,Pierre Senellart ,Alexandre de Streel Pdf
This study provides recommendations on how to make personal data portability more effective. This will truly empower consumers to use the services they want and share their data with whoever they wish and stimulate innovation in Europe. With the entry into force of the GDPR, European citizens gained new rights, notably with data portability. But two years later, there is still little sign of people exercising this right, and of companies offering an easy and convenient service for data portability. While the European Commission is finalising its evaluation of the GDPR and closes its consultation on the European data strategy, the authors, professors Jan Krämer, Pierre Senellart and Alexandre de Streel*, warn that the current legal framework requires clarifications to better empower European citizens in a data-driven society. In this study, they identify barriers to data portability, including the lack of possibilities to import data as well as the lack of common standards and tools to access data as easy as the click of a button. The ability to provide users with a centralised dashboard for monitoring and controlling the flow of their data is also critically missing. “Today, consumers do not widely use data portability for reasons that can and should be overcome. Making data portability more effective is better for competition, for innovation and to empower users,” stress the authors. “There should be no second-guessing on whether to make data portability more effective, the time to act is now.” The current EU framework encourages data portability, but there are legal gaps that the EU should fill. The authors insist on the need for detailed guidance on how data portability can be facilitated and on which data is subject to data portability without violating privacy rights. They advocate that data provided by users when using a service, such as search history (i.e. “observed data”) should clearly be included under the scope of data portability. The authors consider it essential that the obligation to offer standardised Application Programming Interfaces (APIs) be much more widespread to enable consumers to continuously port their data. “We believe that standardised APIs that enable continuous data portability is a prerequisite for encouraging more organisations to import personal data, and for encouraging more consumers to initiate such transfers,” explain the authors. Projects, such as the Data Transfer Project have highlighted that continuous data portability is technically feasible. The authors argue that Personal Management Information Systems (PIMSs) facilitate the complex consent management and offer users a centralised dashboard for monitoring and controlling the flow of their data will have a crucial role to play for the wider adoption of data portability. “It must be as easy as clicking a button for consumers to continuously share data they created with one provider to another provider. This may also require educating and informing users on their rights through information campaigns alongside clear policy measures,” explain the authors. Nevertheless, they stress that PIMSs are not likely to find a sustainable business model, and thus, policy makers should support the emergence of open-source projects by setting common standards for data transfers, consent management, and identity management.
Modern Economic Regulation by Christopher Decker Pdf
Economic regulation affects us all, shaping how we access essential services such as water, energy and transport, as well as how we communicate with one another in the digital world. Modern Economic Regulation describes the core insights of economic theory on which regulatory policies are based and connects this with evidence of how regulation is applied. It focuses on fundamental questions such as: why are certain industries regulated? What principles can inform regulation? How is regulation implemented? Which regulatory policies have been more, or less, effective in practice? All chapters in this second edition are fully updated to reflect the latest research and evidence, while five new chapters cover behavioural economics and the regulation of rail, aviation, payment systems and digital platforms. Each chapter contains discussion questions and topical case studies, and online materials include over 60 applied exercises that explore real-life regulatory problems from around the world.
Emerging ICT Policies and Regulations by V. Sridhar Pdf
This book constructs both educational and research arguments on various dimensions of Information and Communication Technology (ICT) policy and regulation. There has been a paradigm shift in the ICT industry due to convergence of various technologies, the ubiquity of the Internet, the emergence of app economy and the pervasiveness of social media. These pose policy and regulatory challenges in the areas of industry structure, market power of firms, pricing of products and services, interconnection of networks, radio spectrum management, intellectual property rights, data privacy and security. The common thread throughout the different sections of the book is the massive adoption of digitization by individuals, enterprises, governments and societies and the critical role of associated regulation and policy for its success. The book addresses 13 important questions in the areas of: i) Telecom Regulation including bundling of products and services, interconnection, and radio spectrum; (ii) Internet Regulation including governance of the Internet, Net Neutrality, quality of service, and cyber security; (iii) App Economy Regulation including Over The Top communication and broadcast services, ICT platform intermediation, sharing economy, data protection and privacy; and (iv) Emerging Technology Regulation including Artificial Intelligence and Intellectual Property Rights. The book explains technology and related regulatory concepts in an easy-to-read format and includes brief case studies describing the regulatory approaches from different countries. Specific focus is given to the regulatory landscape in India surrounding these questions and the lessons for similar emerging countries. Written in the form of contemporary questions and answers, this unique book appeals to researchers in ICT policy and regulation, regulators and policymakers, as well as students interested in the subject area. "The book comprehensively covers the current and emerging policy and regulatory issues relating to ICT, especially as applicable to India. Further, it provides a theoretical framework for analysing each regulatory issue along with practical implications. A good reference for researchers, regulators and policy makers." - Dr R.S. Sharma, Chairman, Telecom Regulatory Authority of India. “This book by Professor Sridhar provides an excellent overview of the challenges that the world faces in coping with the dynamic new emerging digital technologies that affect the way we work, play and communicate with each other. As the internet and mobile telephony becomes more ubiquitous and accessible to everyone regardless of socio-economic class, ICT can be used for good or for mischief. The book lays out the issues of regulating global ICT and policies that governments should adopt to enable its productive and positive use.” - Dr G Anand Anandalingam, Ralph J. Tyser Professor of Management Science, Robert H. Smith School of Business, University of Maryland, U.S.A. “Using problem-centric approach successfully opens the complexity of ICT regulation to a wider audience. Through cleverly chosen topical case examples the book links the problems of Indian and international ICT markets.” - Dr Hämmäinen Heikki, Professor, Department of Communications and Networking, Aalto University, Finland. “Prof Sridhar is a Thought Leader in the Telecom space and I have enjoyed my interaction with him over the years. This book is an excellent compendium looking at the main regulations and policies with reference to the ICT sector. It serves as a ready reckoner for new entrants and professionals alike, providing global and local perspectives on topics that impact the growing Digital Economy.” - P Balaji, Chief Regulatory and Corporate Affairs Officer, Vodafone Idea Limited, India “Emerging ICT Policies and Regulations: Roadmap to Digital Economies is a must read for understanding essential questions regarding ICT Policy and Regulation as digitization develops locally and globally. With useful information on the case of India (and other countries), the book provides a clear, comprehensive, and cogent capture of relevant concepts and practices as well as emerging challenges. Powerful illustrations make concrete the nuance of regulatory approaches and provide added value for the reader.” - Dr. Nanette S. Levinson, Professor, Internet Governance Lab, School of International Service, American University, USA, “Reference books are usually an important source of information but they are often not very readable. I am glad to say that Prof. Sridhar has managed to produce a very-well written account of ICT regulation and policies with a focus on India, and the result is a comprehensive and interesting volume with a number of very useful chapters; many of them easily digested on their own. The book is highly recommended for members of the internet and telecommunications industries, regulators and researchers.” - Dr Jairo Gutierrez, Professor and Deputy Head, Engineering Computer and Mathematical Sciences, Auckland University of Technology, New Zealand. “Professor Sridhar's book provides the required regulatory theory and framework on 13 most important issues of the digital economy and provides guidance for setting policies and rules. A comprehensive reference for students and practitioners in the area of ICT regulation.” - Dr S Sadagopan, Director and Professor, International Institute of Information Technology Bangalore, India "Emerging ICT Policies and Regulations puts together invaluable and timely research in mapping and analysing the various issues faced by digital economy in India. Prof Sridhar has captured the most pressing issues in it, pertaining to Competition Law and Policy, Intellectual Property Rights, net neutrality, data privacy, regulating OTT services etc., not just comprehensively, but in a reader friendly way. A must read for anyone wanting to get insights on the numerous challenges involved in optimally regulating ICT driven services". - Pradeep S Mehta, Secretary General, Consumer Unity & Trust Society International, India “The Book is a very exhaustive and excellent collection of contemporary issues & challenges on Policy & Regulation that the Digital Economy is likely to grapple with in the coming years. The research on each of these issues which precedes the suggested outcome ( by the author ) is very comprehensive and includes detailed analysis of the pros and cons, global best practices in the area of Policy Regulation in other Regimes , how the Indian context differs from the others and therefore , how it could possibly be addressed. " - TV Ramachandran, President, Broadband India Forum, India “Whether it is spectrum auction or license fee; net neutrality or interconnection; cybersecurity or privacy; Sridhar peels off layers and presents underlying tensions within the fast-paced technological revolution and rather slow evolution of policy & regulation.” - Deepak Maheshwari, Former Secretary - ISP Association of India, Co-Founder - National Internet eXchange of India, Former Chair - IEEE Internet Initiative, India. “An encyclopedic mapping of regulatory challenges and solutions for the sector by the always insightful Prof. Sridhar. Through a single book, he provides an accessible guide to a plurality of regulations impacting the various layers of the OSI model.” - Sunil Abraham, Executive Director, Centre for Internet & Society, India
Regulating Big Tech by Martin Moore,Damian Tambini Pdf
"The market size and strength of the major digital platform companies has invited international concern about how such firms should best be regulated to serve the interests of wider society, with a particular emphasis on the need for new anti-trust legislation. Using a normative innovation systems approach, this paper investigates how current anti-trust models may insufficiently address the value-extracting features of existing data-intensive and platform-oriented industry behaviour and business models. To do so, we employ the concept of economic rents to investigate how digital platforms create and extract value. Two forms of rent are elaborated: 'network monopoly rents' and 'algorithmic rents.' By identifying such rents more precisely, policymakers and researchers can better direct regulatory investigations, as well as broader industrial and innovation policy approaches, to shape the features of platform-driven digital markets"--
Regulating Industrial Internet Through IPR, Data Protection and Competition Law by Rosa Maria Ballardini,Petri Kuoppamäki,Olli Pitkänen Pdf
The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.
Competition and Regulation in Network Industries by Jean-Marc Zogheib Pdf
While particularly dynamic and innovative, the digital and telecommunication industries are found to have a great tendency towards concentration, resulting in strong market power and raising concerns from competition and regulatory authorities. In this study focusing on such network industries, Jean-Marc Zogheib explores the interplay between public policy and firms' strategies by combining various tools of theoretical economic analysis adopted from industrial economics, network economics, and platform economics. Mr. Zogheib's thesis consists of three distinct essays: the first chapter examines how merger policy affects firms' entry strategies, the second chapter shifts the focus to public intervention by considering how the coexistence of private and public players affects competition and investment, while the third chapter investigates the role of privacy in competition between digital platforms and the importance of consumer data in the competitive analysis of mergers. This book clearly illustrates how economics can contribute essential building blocks to the construction of competitive reasoning and how the integration of competition law into economic models extended their collective utility. An important read for lawyers and economists alike. The book was awarded the inaugural Concurrences PhD Award in Economics.
Expanding Competition in Regulated Industries by Michael A. Crew Pdf
Expanding Competition in Regulated Industries reviews the changing regulatory environment, notably incentive regulation and competition in regulated industries. Some of the major changes in electricity, gas, and telephone utilities allow for competition in local service through unbundling. This book is of interest to researchers, utility managers, regulatory commissions, and the Federal Government.
Author : Richard Feasey,Alexandre de Streel Publisher : Centre on Regulation in Europe asbl (CERRE) Page : 98 pages File Size : 40,5 Mb Release : 2020-09-30 Category : Technology & Engineering ISBN : 8210379456XXX
Data sharing for digital markets contestability by Richard Feasey,Alexandre de Streel Pdf
As the European Commission is preparing its Data Act, this new CERRE report provides concrete recommendations for effective data sharing governance, more specifically when a party has significant incentives not to share data. The forthcoming data act should provide better incentives to stimulate two forms of data sharing: individual users’ data sharing and bulk data sharing between firms. Data sharing is seen by many as an effective means to safeguard competition in digital markets, allowing smaller players to get access to precious data. The authors of the CERRE report, Richard Feasey and Alexandre de Streel, have analysed current EU rules imposing data sharing and conclude these do not provide the comprehensive governance framework needed for data sharing to effectively take place. “Given the incentives a gatekeeper platform may have not to share data, and the potential for this platform to leverage into other markets, we recommend imposing an obligation to share data”, explain Richard Feasey. “The most important and difficult task for regulators lies in determining the type and scope of data that is to be shared and which organisations should be obliged to share it. We conclude that better incentives and governance are needed to stimulate two forms of data sharing in the EU: data about individuals and bulk data between firms.” Regulating recipients as well as donors Regulation for data sharing should not be viewed as being limited to the oversight of a small number of large platforms that might be obliged to share data. It also requires strict oversight of potentially a very large number of smaller firms that might seek access to such data. Regulators will need to establish an effective and comprehensive system of regulation of both donors and recipients of data to guard against misuse and to ensure trust on all sides. Sharing individual users data Over time, the sharing or porting of data about individual users’ data could accumulate and be used for other purposes. For this reason, the authors recommend that obligations to share data about individual users should be quite extensive and apply to digital platforms which may be described as meeting the ‘gatekeeper minus’ threshold. The report encourages regulators to require the sharing of individual user data without any payment. If high transaction costs and uncertain users’ benefits prevent the effectiveness of this approach, policymakers should consider more radical approaches, such as allowing the use of an ‘opt-out’ option (rather than, the current ‘opt-in’) for the sharing of personal data in order to ensure fair competition in digital markets. The European Commission should consider provisions in the forthcoming Data Act to enable the use of ‘opt-out’ arrangements for the sharing of personal data to preserve market contestability under certain prescribed conditions. Although this may represent some loss of consumer sovereignty over their data, such a trade-off may need to be made if data sharing arrangements are to achieve their aim of ensuring contestability in digital markets. Bulk sharing of user data The competitive impact of the bulk transfer of aggregate user data could be significant since the volume of data to be shared is likely to be very substantial and may represent a significant proportion of the donor platform’s data assets. Since obtaining individual consent from every user would not be feasible in these circumstances, regulators and policymakers should consider other mechanisms to enable the bulk sharing of non-anonymised user data. Alternatively, regulators should consider requiring the platform that controls the data to allow third party access to the full data set so that third parties may train algorithms or otherwise derive the same sorts of insights from the data that are available to the incumbent. Recipients of aggregated data should be required to pay for the data, with the payment varying according to the volume and value of the data being shared (and not simply the costs of implementing the data sharing arrangements or storing the data). The primary concern here is to preserve incentives for both parties in the sharing arrangement to innovate and invest in existing or new digital services to acquire additional data for themselves. The Commission should undertake a study to consider how regulators would establish wholesale prices for data that was to be shared. The challenge ahead European policymakers should consider legislative changes with the Data Act to enable the sharing of personal data on an ‘opt-out’ basis under certain narrowly prescribed circumstances and to ensure contestability in digital markets. Finally, data sharing remedies that the report considers arise from the assumption that digital platforms will continue to derive significant market power from their centralised control of big data sets. Regulators and policymakers should also keep an eye on new technologies which might enable a much greater degree of decentralisation and wider distribution of data, thereby removing the very sources of market power which this report has sought to address. This report follows another CERRE research analysing the processes that turn data into economic value for online search, e-commerce and media platforms.
Regulatory Hacking by Evan Burfield,J.D. Harrison Pdf
Named by Inc. magazine as one of the 10 Best Business Books of 2018 Every startup wants to change the world. But the ones that truly make an impact know something the others don't: how to make government and regulation work for them. As startups use technology to shape the way we live, work, and learn, they're taking on challenges in sectors like healthcare, infrastructure, and education, where failure is far more consequential than a humorous chat with Siri or the wrong package on your doorstep. These startups inevitably have to face governments responsible for protecting citizens through regulation. Love it or hate it, we're entering the next era of the digital revolution: the Regulatory Era. The big winners in this era--in terms of both impact and financial return--will need skills they won't teach you in business school or most startup incubators: how to scale a business in an industry deeply intertwined with government. Here, for the first time, is the playbook on how to win the regulatory era. "Regulatory hacking" doesn't mean "cutting through red tape"; it's really about finding a creative, strategic approach to navigating complex markets. Evan Burfield is the cofounder of 1776, a Washington, DC-based venture capital firm and incubator specializing in regulated industries. Burfield has coached startups on how to understand, adapt to, and influence government regulation. Now, in Regulatory Hacking, he draws on that expertise and real startup success stories to show you how to do the same. For instance, you'll learn how... * AirBnB rallied a grassroots movement to vote No on San Francisco's Prop F, which would have restricted its business in the city. * HopSkipDrive overcame safety concerns about its kids' ridesharing service by working with state government to build trust into its platform. * 23andMe survived the FDA's order to stop selling its genetic testing kits by building trusted relationships with scientists who could influence the federal regulatory community. Through fascinating case studies and interviews with startup founders, Burfield shows you how to build a compelling narrative for your startup, use it to build a grassroots movement to impact regulation, and develop influence to overcome entrenched relationships between incumbents and governments. These are just some of the tools in the book that you'll need to win the next frontier of innovation.
Understanding Digital Industry by Siska Noviaristanti,Hasni Mohd Hanafi,Donny Trihanondo Pdf
These proceedings compile selected papers from presenters at the Conference: Managing Digital Industry, Technology and Entrepreneurship 2019 (CoMDITE 2019) which was held on July 10-11, 2019. There are 122 papers from various universities and higher educational institutions in Indonesia and Malaysia. The main research topics in these proceedings are related to: 1) Strategic Management and Ecosystem Business, 2) Digital Technology for Business, 3) Digital Social Innovation, 4) Digital Innovation and Brand Management, 5) Digital Governance, 6) Financial Technology, 7) Digital and Innovative Education, 8) Digital Marketing. 9) Smart City, 10) Digital Talent Management, and 11) Entrepreneurship. All the papers in the proceedings highlight research results or literature reviews that will both contribute to knowledge development in the field of digital industry.
Digital and Social Media Regulation by Sorin Adam Matei,Franck Rebillard,Fabrice Rochelandet Pdf
Digital and social media companies such as Apple, Google, and Facebook grip the globe with market, civic, and political strength akin to large, sovereign states. Yet, these corporations are private entities. How should states and communities protect the individual rights of their citizens – or their national and local interests – while keeping pace with globalized digital companies? This scholarly compendium examines regulatory solutions which encourage content diversity and protect fundamental rights. The volume compares European and US regulatory approaches, including closer focus on topics such as privacy, copyright, and freedom of expression. Further, we propose pedagogical models for educating students on possible regulatory regimes of the future. Our final chapter invites readers to consider social and digital media regulation for both this generation and the ones to come. Chapter(s) “Introduction: New Paradigms of Media Regulation in a Transatlantic Perspective”, “From News Diversity to News Quality: New Media Regulation Theoretical Issues” and “The Stakes and Threats of the Convergence Between Media and Telecommunication Industries” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.