scholarly journals TO REGULATE OR TO OVERREGULATE? INTERNET SERVICE PROVIDER LIABILITY: THE INDUSTRY REPRESENTATIVE BODY IN TERMS OF THE ECT ACT AND REGULATIONS

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Frans E Marx ◽  
Neil O’Brien

The Electronic Communications and Transactions Act 25 of 2002 provides for the limitation of liability of Internet service providers against actions based on unlawful content placed on their websites. The legislature’s approach is to emphasize self-regulation of the Internet by providing in section 72 of the Act that only those service providers which belong to an Industry Representative Body (IRB), recognized by the Minister of Communications, will qualify for the protection accorded by the ECT Act. Such an IRB must then, through its Code of Conduct, regulate service providers belonging to it. This article evaluates the prerequisite of an IRB and investigates theguidelines for recognition of IRBs by the minister. The South African position is then compared with that in the European Union. The need for the existence of IRBs is questioned and the guidelines are criticized. It is argued that both the threshold requirements and IRB recognition requirements are unnecessary in the context of limited liability. It is submitted that these barriers to limited liability are needless and can possibly hamper the industry as a whole.

2008 ◽  
Vol 2 (1) ◽  
pp. 175-188
Author(s):  
Lauri Rantakari

This article seeks to illustrate current policies over the so-called network neutrality in the United States and in the European Union. In short, network neutrality, which lacks any exact definition and is under constantdebate, consists of principles that allow public information networks to treat all content, sites and platforms equally. In practice, hindrance or exclusion of certain types of lawful Internet traffic or content by the Internet service providers would be contrary to these principles. Due to the US-centric nature of the Internet, the US stance over network neutrality will also affect the Internet policies of the European Union as well. Thus, the aim of this article is to stimulate academic discussion about network neutrality in Finland. The focus of this descriptive article is on exemplifying network neutrality’s impact on technological development, the evolution of business models in the Internet space, and especially, potential antitrust issues. Finally, this article asks how network neutrality will be legislated in the future and whether it will survive as a network design principle.


2020 ◽  
Author(s):  
Mark Leiser

Zero-rating is a permitted class of ‘positive’ net neutrality violations under the European Union’s ‘Net Neutrality’ Regulation. Conversely, ‘negative’ net neutrality violations, normally associated with the blocking and throttling of content that threatens an Internet Service Provider’s business model, are strictly prohibited. With the European Commission set for a public consultation on zero-rating, and The Body of European Regulators for Electronic Communications set to issue updated guidelines on the practice, the paper assesses the present state of zero-rating in Europe, focusing on differentiation cases to assess what types of positive net neutrality violations could result in a “material reduction on consumer choice” for mobile consumers. As zero-rating is generally limited to mobile subscriptions that include data caps, the Office of Economic Development has warned regulators to be vigilant against practices that could result in users constantly monitoring their data usage or limiting access to non-zero-rated services. The practice of ‘zero-rating’ in Europe poses a unique challenge to regulatory authorities keen to protect the principle of net neutrality. While consumers perceive free access to certain content, applications and programs as beneficial, zero-rating also contravenes the general aims of the Regulation: that Internet traffic is managed by Internet Service Providers in a non-discriminatory manner and that consumer choice is protected. While the practice might be seen to benefit consumers, zero-rating can also affect the number of providers entering the market and compromise the Regulation’s aim to “guarantee the continued functioning of the internet ecosystem as an engine of innovation”. The paper examines the state of zero-rating services, with specific emphasis on positive net neutrality violations across the European Union. We examine from both a normative perspective and by analysing rulings from National Regulatory Agencies empowered with supervision and enforcement duties by the ‘Net Neutrality’ Regulation. Drawing on behavioural economics and cognitive psychology literature, the paper suggests too much choice in zero-rating services can actually lead to less than optimal decision-making by consumers. Rational theory posits that more choice is good for consumers; yet, in reality, more choice can actually result in a less-informed decisions, inadvertently empowering more recognizable Content and Application Providers at the expense of lesser-known ones. From our critique of the rulings, we conclude with an overview or what amounts to permitted/prohibited zero-rating practices in the European Union and argue that a hybrid regulatory response – involving market- and principle-based regulation is needed alongside command-and-control rules to ensure zero-rating services do not amount to a material reduction in consumer choice


ADALAH ◽  
2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Munadhil Abdul Muqsith

Abstract:The internet developed for the first time in Indonesia in the early 1990s. Starting from the pagayuban network, it is now expanding without boundaries anywhere. A survey conducted by the Indonesian Internet Service Providers Association (APJII) said that the number of internet users in Indonesia in 2012 reached 63 million people or 24.23 percent of the country's total population. Next year, that figure is predicted to increase by close to 30 percent to 82 million users and continue to grow to 107 million in 2014 and 139 million or 50 percent of the total population in 2015. million people. This matter also results in political communication with the internet media, or is often said to be cyber politics. Cyber politics in Indonesia has faced growth in recent years. There are many facilities that support the growth of cyber politics, such as Facebook, Twitter, mailing list, YouTube, and others.Keywords: Cyberpolitik, Internet  Abstrak:Internet berkembang pertama kali di Indonesia pada awal tahun 1990-an. Diawali dari pagayuban network kini berkembang luas tanpa batas dimanapun juga. Suatu survei yang diselenggarakan Asosiasi Penyelenggara Jasa Internet Indonesia (APJII) mengatakan kalau jumlah pengguna internet di Indonesia tahun 2012 menggapai 63 juta orang ataupun 24,23 persen dari total populasi negeri ini. Tahun depan, angka itu diprediksi naik dekat 30 persen jadi 82 juta pengguna serta terus berkembang jadi 107 juta pada 2014 serta 139 juta ataupun 50 persen total populasi pada 2015. juta orang. Perihal ini pula berakibat pada komunikasi politik dengan media internet, ataupun kerap diucap dengan cyber politic. Cyber politic di Indonesia hadapi pertumbuhan sebagian tahun terakhir. Banyaknya fasilitas yang menunjang pertumbuhan cyber politic semacam terdapatnya facebook, Twitter, mailing list, youtobe, serta lain-lain.Kata Kunci: Cyberpolitik, Internet 


2018 ◽  
Vol 2018 ◽  
pp. 1-9
Author(s):  
Elissar Khloussy ◽  
Yuming Jiang

The net neutrality principle states that users should have equal access to all Internet content and that Internet Service Providers (ISPs) should not practice differentiated treatment on any of the Internet traffic. While net neutrality aims to restrain any kind of discrimination, it also grants exemption to a certain category of traffic known as specialized services (SS), by allowing the ISP to dedicate part of the resources for the latter. In this work, we consider a heterogeneous LTE/WiFi wireless network and we investigate revenue-maximizing Radio Access Technology (RAT) selection strategies that are net neutrality-compliant, with exemption granted to SS traffic. Our objective is to find out how the bandwidth reservation for SS traffic would be made in a way that allows maximizing the revenue while being in compliance with net neutrality and how the choice of the ratio of reserved bandwidth would affect the revenue. The results show that reserving bandwidth for SS traffic in one RAT (LTE) can achieve higher revenue. On the other hand, when the capacity is reserved across both LTE and WiFi, higher social benefit in terms of number of admitted users can be realized, as well as lower blocking probability for the Internet access traffic.


2021 ◽  
Vol 6 ◽  
pp. 102-113
Author(s):  
Alexey Gaivoronski ◽  
◽  
Vasily Gorbachuk ◽  
Maxim Dunaievskiy ◽  
◽  
...  

As computing and Internet connections become general-purpose technologies and services aimed at broad global markets, questions arise about the effectiveness of such markets in terms of public welfare, the participation of differentiated service providers and end-users. Motorola’s Iridium Global Communications project was completed in the 1990s due to similar issues, reaching the goal of technological connectivity for the first time. As Internet services are characterized by high innovation, differentiation and dynamism, they can use well-known models of differentiated products. However, the demand functions in such models are hyperbolic rather than linear. In addition, such models are stochastic and include providers with different ways of competing. In the Internet ecosystem, the links between Internet service providers (ISPs) as telecommunications operators and content service providers are important, especially high-bandwidth video content providers. As increasing bandwidth requires new investments in network capacity, both video content providers and ISPs need to be motivated to do so. In order to analyze the relationships between Internet service providers and content providers in the Internet ecosystem, computable models, based on the construction of payoff functions for all the participants in the ecosystem, are suggested. The introduction of paid content browsing will motivate Internet service providers to invest in increasing the capacity of the global network, which has a trend of exponential growth. At the same time, such a browsing will violate the principles of net neutrality, which provides grounds for the development of new tasks to minimize the violations of net neutrality and maximize the social welfare of the Internet ecosystem. The models point to the importance of the efficiency of Internet service providers, the predictability of demand and the high price elasticity of innovative services.


Author(s):  
Tung-Hsiang Chou ◽  
Ching-Chang Lee ◽  
Chin-Wen Lin

The Internet has come a long way over the past twenty years, and many Internet-era enterprises have had to face daunting challenges while trying to create innovative business models. Many types of Internet interactions can facilitate networking (e.g., The Web, Web services). Since the advent of the Internet, service requesters and service providers have generated diverse electronic services (e-services), and since 2003, many experts have proposed the concept of Web 2.0. People rely on Internet e-services to execute activities and meet requirements; however, e-services lack a standardization method for constructing and managing them. The current study presents a framework design and a comprehensive interface for e-service providers and requesters. The study adopts the concept of Web 2.0 by using Web services with related standards for developing the framework design. Specifically, the study uses semantic Web technologies to complete the construction of e-services. After that, Internet users can quickly and conveniently access the framework to obtain suitable e-services.


Author(s):  
Sathya Rao ◽  
Eric Mannie-Corbisier ◽  
Leszek Siwik

The way of life has changed with the introduction of information and communication technologies (ICT) in every one’s day to day activities and the business. As ICT technologies are constantly evolving, many people attribute the success of enterprises to the ways they deploy and take advantage of new technologies, not only to make their operations more efficient but most importantly to refine and adopt new effective and adaptive business models. Since the advent of the Internet and the very first Internet service providers (ISP) in operation, the traditional ISP market has been in constant evolution due to the gradual globalisation and commoditisation of ISP services. Deregulation and ICT policies have fostered competition (e.g., unbundling of the local loop and so forth) as well. The Internet is as an important channel of interaction inside and/or outside enterprises. The essence of the Internet is conducting business and running of business processes over data communication networks based on nonproprietary standards (Porter, 2001). The World Wide Web as a portal represents a major electronic business (e-business) platform accessed through communication channels provisioned by network and service providers (such as ISDN, DSL, WLAN, UMTS, etc.). There are many challenging aspects of the e-Business that must be considered for a sustainable business of an ISP (Petrie et al., 2004).


Author(s):  
İlayda Ülkü ◽  
Mehmet Yahya Durak ◽  
Fadime Üney-Yüksektepe

As a basic standard of life, internet connects millions of computers in a global network. People use, participate, or access the internet with the help of internet service providers (ISPs). To have better quality of connection, customers are prone to change their ISPs. In the competitive environment, ISPs endeavor to prevent losing their customers which are referred as churn. Thus, churn management takes an important place for ISPs. To investigate customer loyalty status, behavior, and information of the churn possibility in Turkey, a questionnaire is implemented. By using a real data obtained from a survey, promising and applicable results are obtained to predict the churn behavior of ISP customers in Turkey. As an extension of the study, the questionnaire will be applied for a larger population to find accurate results about churn situations. This study will help ISP companies to determine the required advertising campaigns for the customers.


Author(s):  
Phaedon John Kozyris

The ordinary and uncomplicated Spam menace is made possible by technological advances which enable the sender to dispatch millions if not billions of commercial messages without significant monetary cost and without wasting time. The present review will focus on fundamentals, exploring what has already been done and suggesting avenues of improvement. The chapter promotes basic approaches of handling Spam depending on the actions and choices of the receiver. The anti-Spam campaign needs effective enforcement powers and should be able to use all available technological know-how. As the vagaries of enforcement are presented, the role of the Internet Service Providers and advertisers is envisaged.


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