1. Internet Regulation: Whose Responsibility Is It? Exploring some regulatory options in chat rooms in cyberspace Ms. Hanna Tal Comaneshter hcomanes@study.haifa.ac.il

2. Internet Relay Chat Programme IRC (Internet Relay Chat) was created by Jarkko Oikarinen in 1988 in Finland. The IRC is a multi-user, multi-channel system that runs on computer networks. The system facilitates real-time text discourse individually or in a group. UK Home Office (2001), Good Practice Models and guidance for the internet industry on: chat rooms, instant messaging, web based services

3. Unique Characteristics of the IRC Different interaction than real life broadcasting - not one centred broadcasting source (Holmes, 1997)Different interaction than real life broadcasting - not one centred broadcasting source (Holmes, 1997) Participation of various members from different social, economic and interest groups (Fairweather & Dixon, 1998)Participation of various members from different social, economic and interest groups (Fairweather & Dixon, 1998) New linguistic expressions of the language and the use of a new code for interaction (Whitty, 2002)New linguistic expressions of the language and the use of a new code for interaction (Whitty, 2002) User can use a different identity (Porter, 1996)User can use a different identity (Porter, 1996) Any crucial changes such as adding graphics or video into chats rooms can change the ability or disability of people to use it (Lessig, 1999)Any crucial changes such as adding graphics or video into chats rooms can change the ability or disability of people to use it (Lessig, 1999)

4. What determines a state regulation on IRC? Democratic process - pressures on politicians /use of media – e.g: pedophiles, defamation.Democratic process - pressures on politicians /use of media – e.g: pedophiles, defamation. A response to pressure from interest groups- e.g: parents, educators, law enforcers, users.A response to pressure from interest groups- e.g: parents, educators, law enforcers, users. A response to private interest groups – e.g: ISP’s.A response to private interest groups – e.g: ISP’s. Representation of the state interest or public interest – e.g: child careRepresentation of the state interest or public interest – e.g: child care Economic Interest – are there market failures?Economic Interest – are there market failures? A user has many options A user has many options

5. Whether or Not to Regulate? Government / Regulator Extending legislation in order to deal with cyberspace ( Smith J. H., 2002)Extending legislation in order to deal with cyberspace ( Smith J. H., 2002) Efficiency- the international nature of the internet (Koepsell,2000)Efficiency- the international nature of the internet (Koepsell,2000) Freedom of Speech?Freedom of Speech? ISP’s The role of the ISP- passive, “catching information”, hosting information upon requestThe role of the ISP- passive, “catching information”, hosting information upon request (Joint A. 2003) (Joint A. 2003) Incentive issues-liability (Joint A. 2003)Incentive issues-liability (Joint A. 2003) Technical issues (Jenkins, 2002)Technical issues (Jenkins, 2002) Freedom of Speech?Freedom of Speech? Regulate all Regulate in certain circumstances Don’t regulate

6. Theories of Smart Regulation Command and Control Regulation – is it really possible in this case? (Hood, 1983)Command and Control Regulation – is it really possible in this case? (Hood, 1983) Self-Regulation – Are there incentives? )Ogus, 1995)Self-Regulation – Are there incentives? )Ogus, 1995) Co-regulation – The regulator and ISP associations - in order to establish standards in chat rooms with regard to content regulation that is binding to all ISP's (Ayres & Braithwaite 1992)Co-regulation – The regulator and ISP associations - in order to establish standards in chat rooms with regard to content regulation that is binding to all ISP's (Ayres & Braithwaite 1992) Enforced self-regulation- each individual ISP will be required to propose its own regulation in regard to chat rooms (Ayres & Braithwaite 1992)Enforced self-regulation- each individual ISP will be required to propose its own regulation in regard to chat rooms (Ayres & Braithwaite 1992) Pyramid of regulatory responses- the internet content control as a three-stage mechanism (D’udekem-Gevers M., Poullet, 2002)Pyramid of regulatory responses- the internet content control as a three-stage mechanism (D’udekem-Gevers M., Poullet, 2002)

7. Thank you for your attention Hanna Tal Comaneshter hcomanes@study.haifa.ac.il