Articles

Symbiotic Regulation

Byline:

Andrew Murray

Issue:

VOL. XXVI • Winter 2008 • NO. 2 (table of contents)

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Cite as:

26 John Marshall J. of Comp. & Info. Law 207

Abstract:

In this paper the author points out that complexity is at the heart of much of the work of today’s academia. The paper explains how the role of an academic researcher may be defined as studying and modelling complexity in an effort to make it accessible to a wider audience. This article models the complexity of regulatory relationships in communications networks and in particular the Internet. First, the article models the complexity of the regulatory environment. Next, it explains how regulators may harness the power of the network to achieve effective regulatory settlements by harnessing symbiotic regulation. Finally, it explains how symbiotic regulation may achieve a greater degree of effectiveness than traditional regulatory models of modern communications-enhanced networks of individuals. It further recommends how this model may be employed by both regulators and regulatory theorists in an effort to design a more comprehensive regulatory strategy for Cyberspace.

Author Footnote:

Andrew Murray is Reader in Law at the London School of Economics. He is a Fellow of Gray’s Inn and is Legal Project Lead of Creative Commons England & Wales. He specialises in Cyber-regulation and Governance and New Media & Communications Regulation. Andrew advises on e-commerce and Web 2.0 projects and has contributed to the New Oxford Companion to Law and the International Encyclopaedia of Communication. Andrew is author of The Regulation of Cyberspace: Control in the Online Environment, Routledge-Cavendish, 2007 and co-editor of Human Rights in the Digital Age, Glasshouse Press, 2006. His recent publications include; ‘Regulation and Rights in Networked Space’ Journal of Law and Society, ‘The Reclassification of Extreme Pornographic Images’ Modern Law Review and ‘Controlling the New Media: Hybrid Responses to New Forms of Power’ Modern Law Review. His new book Information Technology Law: The Law and Society will be published by Oxford University Press in summer 2010.

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