[IP] How to regulate the Net? Target intermediaries... [econ]
------ Forwarded Message
From: Declan McCullagh <declan@xxxxxxxx>
Date: Wed, 13 Apr 2005 03:17:12 -0400
To: <politech@xxxxxxxxxxxxxxx>
Subject: [Politech] How to regulate the Net? Target intermediaries... [econ]
-------- Original Message --------
Subject: Article on Internet Regulation
Date: Thu, 7 Apr 2005 14:13:31 -0500
From: Seth Belzley <seth@xxxxxxxxxxx>
To: <declan@xxxxxxxx>
I wanted to let you know about an article written by Ronald Mann and me
that is forthcoming in William & Mary Law Review and was recently posted
at ssrn, http://papers.ssrn.com/abstract_id=696601.
The paper is called "The Promise of Internet Intermediary Regulation."
It argues that gatekeeper liability for certain internet intermediaries
like payment intermediaries is likely to be the most effective way of
ending certain illegal online conduct.
This approach is gaining favor among law enforcement officials like
Eliot Spitzer, who just headed the agreement with payment intermediaries
to end the sale of cigarettes over internet.
See
http://news.com.com/Online+sales+of+cigarettes+go+up+in+smoke/2100-1038_3-56
53134.html.
The article is not revolutionary in its approach, but it does represent
the first attempt to create a framework for analyzing the propriety of
imposing liability on intermediaries in any particular situation. And
it endorses an approach that has been considered since the
commercialization of the internet and is beginning to take hold. This
makes the paper particularly timely.
If you think this deserves a note on Politech, that would be great. If
you have any questions, please let me know.
Thanks,
Seth Belzley
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