Towards an (Electronic) Communications Act 2011

Jean-Jacques Sahel, writing purely in a personal capacity, considers the approach which should underpin any legislation on electronic communications and argues that the extraordinary nature of the Internet requires a principles-based approach to inform legislation rather than narrow sectoral regulation. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…

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Behavioural Targeting of Online Advertisements and the Future of Data Protection

Andrea M. Matwyshyn covers the issues surrounding behavioural targeting, such as offered by Neubad in the USA and Phorm in the UK. The requirement for consent in data protection terms and the possible need for international harmonization are among the topics she discusses. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…

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Keep Looking: The Answer to the Machine is Elsewhere

Andrew A Adams and Ian Brown suggest that the search for a technological answer to copyright liability problems is hopeless, and that the debate among businesses and politicians is riddled with misconceptions. What is needed, they say, is a new model for a new age. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…

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Policies for Intermediary Immunity

Chris Reed considers the development of intermediary immunity, changes in technology and social use that bring it into question and the balancing exercise involved in the formulation of a new policy. Most tellingly, he puts forward a suggestion for the future of the immunity and reforms of the legislation that created it. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…

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Should ISPs be Compelled to Become Copyright Cops?

Reflecting on file-sharing, the music industry and trends in enforcement, Lilian Edwards looks into the future of copyright enforcement on the Internet. She asks how fundamental freedoms and respect for IP rights can best be reconciled. This article arises from a presentation at the SCL Forum held in September 2008 ‘Legislating for Web 2.0 – Preparing for the Communications Act?’…

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