Rethinking Rights and Regulations: Institutional Responses to New Communications Technologies

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Overview

The contributors to this volume examine issues raised by the intersection of new communications technologies and public policy in this post-boom, post-bust era. Originally presented at the 30th Research Conference on Communication, Information, and Internet Policy (TPRC2002)—traditionally a showcase for the best academic research on this topic—their work combines hard data and deep analysis to explore the dynamic interplay between technological development and society.The chapters in the first section consider the ways society conceptualizes new information technologies and their implications for law and policy, examining the common metaphor of "cyberspace as place," alternative definitions of the Internet, the concept of a namespace, and measures of diffusion. The chapters in the second section discuss how technological change may force the rethinking of legal rights; topics considered include spectrum rights, intellectual property,copyright and "paracopyright," and the abridgement of constitutional rights by commercial rights inISP rules. Chapters in the third and final section examine the constant adjustment and reinterpretation of regulations in response to technological change, considering, among other subjects, liability regimes for common carriers and the 1996 detariffing rule, privacy and enhanced911, and the residual effect of state ownership on privatized telecommunication carriers. The policy implications of Rethinking Rights and Regulations are clear: major institutional changes may be the necessary response to major advances in telecommunications technology.

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Product Details

Meet the Author

Lorrie Faith Cranor is a Principal Technical Staff Member in the Secure Systems ResearchDepartment at AT&T Labs-Research.

Steven S. Wildman is James H. Quello Professor of Telecommunication Studies and Director of the James H. and Mary B. Quello Center for Telecommunication Management and Law at Michigan StateUniversity.

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Table of Contents

Contributors
Foreword
Introduction
1 Cyberspace as Place 3
2 Place and Cyberspace 29
3 Will the Real Internet Please Stand Up? An Attorney's Quest to Define the Internet 55
4 Governance in Namespaces 81
5 The Geographic Dispersion of Commercial Internet Use 113
6 Some Economics of Wireless Communications 149
7 Spectrum Management: Property Rights, Markets, and the Commons 193
8 "Functionality" as the Distinction Between Patent and Copyright Subject Matter 227
9 Advantage ISP: Terms of Service as Media Law 249
10 Anticircumvention Misuse 279
11 Improving Network Reliability - Liability Rules Must Recognize Investor Risk/Reward Strategies 309
12 Emergent Locations: Implementing Wireless 9-1-1 in Texas, Virginia, and Ontario 335
13 Creative Destruction in Emerging Markets: Privatizing Telecoms and the State 367
14 The Potential Relevance to the United States of the European Union's Newly Adopted Regulatory Framework for Telecommunications 397
Index 429
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