Rule Making in the Digital Economy: Overcoming Functional Equivalence as a Regulatory Principle in the EU

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

Resumé

The article analyses how the EU regulates the Internet on the content (e-commerce, audio-video media services) and the carrier (telecoms networks and services) layers and argues that modern EU Internet regulation is fundamentally based on the principle of functional equivalence or regulating functionally similar services alike. As new and disruptive services emerge, the laws are consistently adjusted but not fundamentally changed. The “like should be regulated alike” adage causes the new innovative and disruptive services to be subjected to small and incremental regulatory changes rather than the necessary complete remodelling. Furthermore, it opens up for surprising lobbying patterns as incumbents push for legacy laws to be applied to disruptive new services. The article then argues that a complete remodelling of the approach might be necessary to increase innovation and maximise benefits that disruptive technologies offer.
OriginalsprogEngelsk
TidsskriftJournal of Internet Law
Vol/bind22
Udgave nummer8
Sider (fra-til)3-15
Antal sider13
ISSN1094-2904
StatusUdgivet - 2019

Citer dette

@article{3fcb82b98aee4211aa8dae9aa9b8a83d,
title = "Rule Making in the Digital Economy: Overcoming Functional Equivalence as a Regulatory Principle in the EU",
abstract = "The article analyses how the EU regulates the Internet on the content (e-commerce, audio-video media services) and the carrier (telecoms networks and services) layers and argues that modern EU Internet regulation is fundamentally based on the principle of functional equivalence or regulating functionally similar services alike. As new and disruptive services emerge, the laws are consistently adjusted but not fundamentally changed. The “like should be regulated alike” adage causes the new innovative and disruptive services to be subjected to small and incremental regulatory changes rather than the necessary complete remodelling. Furthermore, it opens up for surprising lobbying patterns as incumbents push for legacy laws to be applied to disruptive new services. The article then argues that a complete remodelling of the approach might be necessary to increase innovation and maximise benefits that disruptive technologies offer.",
author = "Andrej Savin",
year = "2019",
language = "English",
volume = "22",
pages = "3--15",
journal = "Journal of Internet Law",
issn = "1094-2904",
publisher = "Aspen Publishers, Inc.",
number = "8",

}

Rule Making in the Digital Economy : Overcoming Functional Equivalence as a Regulatory Principle in the EU. / Savin, Andrej.

I: Journal of Internet Law, Bind 22, Nr. 8, 2019, s. 3-15.

Publikation: Bidrag til tidsskriftTidsskriftartikelForskningpeer review

TY - JOUR

T1 - Rule Making in the Digital Economy

T2 - Overcoming Functional Equivalence as a Regulatory Principle in the EU

AU - Savin, Andrej

PY - 2019

Y1 - 2019

N2 - The article analyses how the EU regulates the Internet on the content (e-commerce, audio-video media services) and the carrier (telecoms networks and services) layers and argues that modern EU Internet regulation is fundamentally based on the principle of functional equivalence or regulating functionally similar services alike. As new and disruptive services emerge, the laws are consistently adjusted but not fundamentally changed. The “like should be regulated alike” adage causes the new innovative and disruptive services to be subjected to small and incremental regulatory changes rather than the necessary complete remodelling. Furthermore, it opens up for surprising lobbying patterns as incumbents push for legacy laws to be applied to disruptive new services. The article then argues that a complete remodelling of the approach might be necessary to increase innovation and maximise benefits that disruptive technologies offer.

AB - The article analyses how the EU regulates the Internet on the content (e-commerce, audio-video media services) and the carrier (telecoms networks and services) layers and argues that modern EU Internet regulation is fundamentally based on the principle of functional equivalence or regulating functionally similar services alike. As new and disruptive services emerge, the laws are consistently adjusted but not fundamentally changed. The “like should be regulated alike” adage causes the new innovative and disruptive services to be subjected to small and incremental regulatory changes rather than the necessary complete remodelling. Furthermore, it opens up for surprising lobbying patterns as incumbents push for legacy laws to be applied to disruptive new services. The article then argues that a complete remodelling of the approach might be necessary to increase innovation and maximise benefits that disruptive technologies offer.

UR - https://sfx-45cbs.hosted.exlibrisgroup.com/45cbs?url_ver=Z39.88-2004&url_ctx_fmt=info:ofi/fmt:kev:mtx:ctx&ctx_enc=info:ofi/enc:UTF-8&ctx_ver=Z39.88-2004&rfr_id=info:sid/sfxit.com:azlist&sfx.ignore_date_threshold=1&rft.object_id=110985822459786&rft.object_portfolio_id=&svc.holdings=yes&svc.fulltext=yes

M3 - Journal article

VL - 22

SP - 3

EP - 15

JO - Journal of Internet Law

JF - Journal of Internet Law

SN - 1094-2904

IS - 8

ER -