Law and Regulation: Scenarios for the Information Age

Law and Regulation: Scenarios for the Information Age

by B. M. J. van Klink
     
 

ISBN-10: 1586032658

ISBN-13: 9781586032654

Pub. Date: 09/28/2002

Publisher: IOS Press, Incorporated

This study gives an in-depth analysis of scenarios for government intervention in the information age. In doing so, it addresses the legal questions and challenges arising in a borderless virtual world. The authors elaborate on regulatory solutions found in day-to-day practice, that is, relatively independently of state regulation (by means of technological facilities…  See more details below

Overview

This study gives an in-depth analysis of scenarios for government intervention in the information age. In doing so, it addresses the legal questions and challenges arising in a borderless virtual world. The authors elaborate on regulatory solutions found in day-to-day practice, that is, relatively independently of state regulation (by means of technological facilities, private contracts, and intermediary organisations). Subsequently, it is shown how governments and more in particular the Dutch government, deal with the various legal challenges, such as the question of whether national governments are still able to regulate ICT-related issues. Four possible scenarios for government intervention in the virtual world emerge from the analysis. The authors discuss the normative implications of these scenarios and subsequently propose a new scenario.

Product Details

ISBN-13:
9781586032654
Publisher:
IOS Press, Incorporated
Publication date:
09/28/2002
Series:
Informatization Developments and the Public Sector Series
Pages:
137
Product dimensions:
6.50(w) x 9.70(h) x 0.60(d)

Table of Contents

Preface
1ICT and the Law1
2Questions and Challenges5
2.1Legal Consequences5
2.2Questions6
2.3Challenges22
2.4Conceptual Deficiency35
3Directions of Approach37
3.1Solutions Based on Practical Experience37
3.2Dimensions of Law and Technology37
3.3Private Instruments of Control39
3.4Privatisation of Standardisation48
4The Role of the Government in the Information Society49
4.1Adverse Effects on the Normative Basis49
4.2Images of Government Intervention51
4.3The Legitimacy of Government Intervention69
4.4Conclusion81
5A Communicative Approach85
5.1The Primacy of the Legislator85
5.2The Government as a Communicating Planner86
5.3Re-evaluation of the Primacy of the Legislator96
6Balance99
6.1Conclusions99
6.2Suggestions for Further Research102
7Summary107
Bibliography129

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