EU Communications Policy in the Era of Electronic Communications

Author(s):  
Simon P. Rinas
2002 ◽  
Vol 30 (3) ◽  
pp. 466-474

In In re Pharmatrak, Inc. Privacy Litigation, website users brought suit claiming that major pharmaceutical corporations and a web monitoring company violated three federal statutes protecting electronic communications and data by collecting web traffic data and personal information about website users. On August 13,2002, the District Court of Massachusetts dismissed these allegations, holding that the defendants were parties to the communications and thus exempted under the statutory language.The court also found that plaintiffs had not suffered an amount of damages required to sustain private action.


2012 ◽  
Vol 9 (4) ◽  
pp. 521-547 ◽  
Author(s):  
Jonathan Hardy

Between 2000 and 2010, new institutional arrangements were created for UK broadcasting regulation, built upon a radical rethinking of communications policy. This article examines key changes arising from Labour's media policy, the Communications Act 2003 and the work of Ofcom. It argues that changes within broadcasting were less radical than the accompanying rhetoric, and that contradictory tendencies set limits to dominant trends of marketisation and liberalisation. The article explores these tendencies by reviewing the key broadcasting policy issues of the decade including policies on the BBC, commercial public service and commercial broadcasting, spectrum and digital switchover, and new digital services. It assesses changes in the structural regulation of media ownership, the shift towards behavioural competition regulation, and the regulation of media content and commercial communications. In doing so, it explores policy rationales and arguments, and examines tensions and contradictions in the promotion of marketisation, the discourses of market failure, political interventions, and the professionalisation of policy-making.


2021 ◽  
pp. 1329878X2110055
Author(s):  
Karen Lee ◽  
Derek Wilding

This article applies principles from the Department of Communications’ policy review of telecommunications consumer protection to broadcasting co-regulation. The Consumer Safeguards Review establishes six principles for good regulation, including that rule-making processes should ‘enable a wide range of views to be considered’. It notes that processes for developing telecommunications codes of practice are likely to lead to ‘sub-optimal’ consumer protection measures. The article draws on original empirical research to assess development of commercial television and commercial radio codes of practice, with particular emphasis on public engagement in co-regulation. It finds the broadcasting codes of practice fail to meet the principles adopted by the Department for good co-regulation. It concludes by arguing there is a pressing need for a more holistic review of communications co-regulation, as broadcasting legislation is similar to the telecommunications legislation, and there is a risk that ‘sub-optimal’ practices could be applied in attempts to regulate digital platforms.


2018 ◽  
Vol 19 (2) ◽  
pp. 19-23
Author(s):  
Brian Rubin ◽  
Adam Pollet

Purpose The purpose of this paper is to analyze the Financial Industry Regulatory Authority’s (FINRA) 2017 disciplinary actions, the issues that resulted in the most significant fines and restitution and the emerging enforcement trends from 2017 and beyond. Design/methodology/approach The approach of this paper discusses the disciplinary actions in 2017 and prior years, details the top 2017 enforcement issues measured by total fines assessed, including anti-money laundering, trade reporting, electronic communications, books and records, research analysts and research reports, and explains current enforcement trends, including restitution, suitability cases and technological issues. Findings In 2017, restitution more than doubled from the prior year, resulting in the fourth highest total sanctions (fines combined with restitution and disgorgement) assessed by FINRA over the past 10 years. Practical implications Firms and their representatives should heed the trends in both the substantial restitution FINRA is ordering and the related enforcement issues in the cases FINRA has brought. Originality/value This paper provides expert analysis and guidance from experienced securities enforcement lawyers.


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