Legislating for Web 2.0 – Preparing for the Communications Act?
22 & 23 September 2008 at Herbert Smith, Exchange House, London
2008’s SCL Policy Forum – the third since its inauguration in 2006 - arrives at a time when the warnings about new law and regulation just over the horizon come into full view. Europe is fast approaching a new set of Directives to regulate European law, from four directions:
- The Audiovisual Media Services Directive was enacted on 18 December 2007
- The new review of the Electronic Communications Services Framework (5 Directives and a Regulation) is taking place in the course of 2008
- The Electronic Commerce Directive remains under constant review and is in tension with several national laws
- The Consumer Acquis
(8 Directives) is currently being reviewed
This flurry of legislative activity at European level ties in with a set of activities at UK level that affect the Internet environment – the implementation of the governmental response to the Gowers Review, the preparations for reform of the Wireless Telegraphy Act to make spectrum secondary trading easier.
There may well be reform of the Communications Act 2003, flagged up by outgoing Culture Secretary James Purnell in his Oxford speech of 16 January 2008 – presumably after the next General Election and therefore timed to coincide with implementation of the European Directives, whether AVMS (by end-2009) or ECS (by 2010-11).
Notably, there is also significant competition law interest in the Internet aside from the “usual suspects” in telecoms – from the Google-Doubleclick merger to the failed Microsoft-Yahoo! Merger. The 2008 Forum expands its focus a little by engaging with this debate – both from a law and economics viewpoint, but also in terms of the consumer, copyright and privacy law implications, as well as the ever-developing role of the Internet intermediary as enshrined in the E-Commerce Directive.
Day One
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Introduction & Welcome
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The Policy Forum Chair and Forum Host's introduce this event.
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How is the Next Generation Internet Changing?
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The speakers present papers on international approaches to Internet regulation in Europe, North America from the perspectives of technology evolution, finance and investment in the ‘Credit Crunch’ and beyond, and approaches beyond voice telecoms in an all-IP world.
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European Regulators’ Panel
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The panelists present short position papers on the legislative and policy impact implications of aspects of Internet regulation, notably impact assessment and Better Regulation requirements, and the division of responsibilities and implementation challenges for Member States.
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Competition and Web 2.0: Entry into the new markets - equal opportunity for all?
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The keynote speakers present papers on competition and security questions, including privacy and freedom of speech implications.
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What should (and should not) be in a ‘future proof’ Communications Bill?
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The panelists present short position papers on the legislative implications of Internet regulation, and lessons from previous compendium communications legislation in 1990, 1996 and 2003. The legislative focus is often very different to the technocratic requirements of the inter-ministerial negotiations on drafting, with emphasis on media ownership, broadcast impartiality and pay-TV, rather than EC Directives and ‘technological neutrality’. Is this old-fashioned inefficient analogue politicking or a welcome antidote to technological digital determinism?
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Day Two
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The Beginning of Intermediary Liability?
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This round table session focuses on the implications of particular regulatory practices for the development of competition, consumer protection and intermediary liability.
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Whither Legislation in Brussels and Washington
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The speakers present papers on international legislative approaches to Internet regulation in Europe, and North America.
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Liability and Copyright post-Gowers
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The panellists present papers on the implications of EC and UK developments in liability and copyright.
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What should be in a Communications Act but isn’t?
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This round table session focuses on the practical development of Internet legislation, including the E-Commerce Directive.
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Closing Remarks
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A round-up of the two day event, followed by the closing speech.
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Speakers
Christopher T. Marsden - LL.B., LL.M. (Lon)
Director, LL.M. in IT Media E-Commerce Law, University of Essex Law School
Dr Monica Arino, Ofcom
Dr Fernando Barrio - London Metropolitan University
Reka Bernat - EC, Impact Assessment Unit, DG INFSO
Dr Ian Brown - Oxford Internet Institute
Professor Jonathan Cave - RAND and Warwick University
Andrew Charlesworth - University of Bristol
Professor Jon Crowcroft - Marconi Professor, Cambridge Computer Lab
Simon Deane-Johns - Axiom
Professor Lilian Edwards - University of Sheffield
Professor Nico van Eijk - Institute for Information Law, University of Amsterdam
James Enck – Telecoms Analyst,
EuroTelcoblog
Professor Tom Gibbons – University of Manchester
Professor Andrea Matwyshyn - The Wharton School of the University of Pennsylvania
Professor Viktor Mayer-Schönberger, Information & Innovation Policy Research Center, LKY School of Public Policy, Singapore
Professor Chris Reed - Centre for Commercial Law Studies, Queen Mary, University of London
Jean-Jacques Sahel - Director, Government and Regulatory Affairs, Europe - Skype
Mark Turner, Partner - Herbert Smith LLP
Dr Herbert Ungerer - Deputy Director General, Competition, European Commission
Professor Lorna Woods - City University, London
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