Internet Firms as Global Regulators

2018 ◽  
Author(s):  
Natasha Tusikov
Author(s):  
Natasha Tusikov

Having set the backdrop to the private agreements, this chapter discusses how the non-binding agreements emerged from distinct historical and political circumstances. It provides a brief historical overview that traces the growing influence of multinational rights holders on the U.S. government’s intellectual property policymaking processes from the late 1970s to 2012. The chapter then examines in detail four U.S. intellectual property bills, including the controversial Stop Online Piracy Act, which proposed to reshape fundamentally the online regulation of intellectual property rights infringement. In doing so, the chapter documents a significant shift in enforcement strategy from a focus on removing problematic content (e.g., advertisements for counterfeit goods) to disabling entire websites for allegedly trafficking in counterfeit goods. The chapter argues that Internet firms have become global regulators (known as macro-intermediaries) attractive to governments and corporations for policing a wide range of social problems, including counterfeit goods. The chapter concludes that government officials from the U.S., U.K., and European Commission played a central role in pressuring Internet firms to adopt the non-binding agreements. These agreements serve strategic state interests as well as the financial interests of rights holders.


Author(s):  
Natasha Tusikov

On January 18, 2012, millions of people participated in the now-infamous “Internet blackout” to protest the Stop Online Piracy Act and the rights it would have given intellectual property holders to shape how people use the Internet. SOPA’s withdrawal was heralded as a victory for an open Internet. However, as Natasha Tusikov documents in Chokepoints: Global Private Regulation on the Internet, rather than accept defeat, a small group of corporations, tacitly backed by the U.S. and other governments, have implemented much of SOPA via a series of secret, handshake agreements among powerful corporations, including Google, PayPal, and Microsoft. This book is the first to explore these agreements. Drawing on extensive interviews with corporate and government officials, Tusikov details the emergence of a new realm of global governance, in which large Internet firms act as global regulators for powerful intellectual property owners like Nike, and raises questions about the threat these new global regimes pose to democratic accountability itself. The book argues that these global regulators are significantly altering the ways in which governments and corporations regulate content and information on the Internet.


2009 ◽  
Vol 10 (3) ◽  
pp. 25-47
Author(s):  
ChangwooPhilipLim
Keyword(s):  

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