Davide M. Parrilli, ICRI 23 September 2008 Management and governance of the Future Internet The Legal Perspective

Governance and management from the perspective of Internet-based service providers and users: both of them create content, re-draft this distinction? Governance and management mechanisms apply to both Internet- based service providers and users (to a very different extent).

Liability for the content created by the users: traditionally they are liable for the content they download (e.g. criminal charges for downloading illegal pornographic material), now they can be liable for the content they create. Balance between liability of the users and of Internet-based service providers: to what extent the latter should monitor the material created by users? Impact on governance and management (costs!).

Governance and management for Internet-based service providers: reduce liabilities (illicit content, violations of IPRs, taxes,…): servers in the middle of the sea (Google case)? Pure freedom – escape from laws – no legal protection: is this the future in the field of governance and management?

Governance and management for users and Internet-based service providers: more liabilities for both? E.g.: criminal charges against Second Life users (cyber stealing of virtual goods, cyber rape, etc), liability for bloggers (as proposed in Italy).

Liability for Internet-based service providers - violation of SLAs: When an SLA has been violated? Who decides that? Third Trusted Party: competent, fast, efficient. Enforcement in Courts: time- consuming, judges lack experience, ADR systems should be preferred.

Governance and management: options for Internet actors: Users: not many options, reduced governance and management possibilities, weak position before the law. Internet-based service providers: more options, starting from the place of establishment.

Thanks for your attention! Davide M. Parrilli Interdisciplinary Centre for Law and ICT (ICRI) – K.U. Leuven – IBBT