Rethinking rights and regulations : institutional responses to new communication technologies / edited by Lorrie Faith Cranor and Steven S. Wildman.

Includes bibliographical references and index.

Print version record.

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 (TPRC 2002)--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 in ISP 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 enhanced 911, 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.

Foreword / Robert Cannon -- Introduction / Lorrie Faith Cranor and Steven S. Wildman -- Cyberspace as place / Dan Hunter -- Place and cyberspace / Mark A. Lemley -- Will the real internet please stand up? An attorney's quest to define the internet / Robert Gannon -- Governance in namespaces / Stefan Bechtold -- Geographic dispersion of commercial internet use / Chris Foreman, Avi Goldfarb, and Shane Greenstein -- Some economics of wireless communications / Yochai Benkler -- Spectrum management: property rights, markets, and the commons / Gerald R. Faulhaber and David J. Farber -- "Functionality" as the distinction between patent and copyright subject matter / Dennis S. Karjala -- Advantage ISP: terms of service as media law / Sandra Braman and Stephanie Lynch -- Anticircumvention misuse / Dan L. Burk -- Improving network reliability -- liability rules must recognize investor risk/reward strategies / Barbara A. Cherry -- Emergent locations: implementing wireless 9-1-1 in Texas, Virginia, and Ontario / David J. Phillips, Priscilla M. Regan, and Colin J. Bennett -- Creative destruction in emerging markets: privatizing telecoms and the state / Lee W. McKnight, Paul M. Vaaler, Burkhard N. Schrage, and Raul L. Katz -- Potential relevance to the United States of the European Union's newly adopted regulatory framework for telecommunications / J. Scott Marcus.

English.

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