JJUA55286U Cancelled Internet Governance & Platform Regulation

In this course we take a close look at the regulatory landscape of the internet. It concentrates on the regulatory field called “Internet Governance”, which is often defined loosely as the various sets of norms (legal and non-legal) that determine how the internet and its related applications function, as well as the regulation and (algorithmic) moderation of content at the content/platform layer. 

The course will start by establishing a basic understanding of the functioning of the internet and its respective layers, which is crucial in order to critically examine its regulation. Special emphasis is given to the role and governance of the domain name system (DNS), the European legal framework for network neutrality and the regulation of internet platforms notably with respect to the use of algorithms for the purpose of content moderation and recommender systems. The regulation of internet resources as well as the regulation of “information” (e.g. “content” or “speech”) or “behaviour” on the internet is in the stress field of contractual and other private law mechanisms on the one hand, and regulatory and legislative mechanisms on the other hand. This picture is further complicated by the regulatory effects of technologies, standards and practices. This raises challenging questions around inter alia the “privatization” of enforcement, the role of technologies such as the use of algorithmic tools to moderate content, the distinction between unlawful and harmful information, the role of gatekeepers and other internet actors, the balancing of fundamental rights and the question of “user rights”. It is therefore not surprising that these questions are high on the agenda of national, European and international legislators, courts and policy-makers alike.

The course covers inter alia:

• The functioning of the Internet and its respective layers and intermediaries including an introduction to Internet Governance;
• The role and governance of the DNS (including dispute resolution);
• The European framework for network neutrality;
• The European framework for intermediary liability and liability exemption (including proposed regulatory changes by the Digital Services Act);
• The use of algorithms to moderate / enforce information on the internet and associated challenges;
• The sector-specific approaches with regards to notably copyright and other IP rights, personal data, hate speech, child-sexual abuse material, terrorist content, and misinformation;
• The complex interplay of self- and co-regulation, the “contractual web” of Internet Governance as well as legislation, jurisprudence and relevant fundamental rights concerned.