Internet Co-Regulation: European Law, Regulatory Governance and Legitimacy in Cyberspace
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Chris Marsden argues that co-regulation is
the defining feature of the Internet in Europe. Co-regulation offers the state a
route back into questions of legitimacy, governance and human rights, thereby
opening up more interesting conversations than a static no-regulation versus
state regulation binary choice. The basis for the argument is empirical
investigation, based on a multi-year, European Commission-funded study and is
further reinforced by the direction of travel in European and English law and
policy, including the Digital Economy Act 2010. He places Internet regulation
within the regulatory mainstream, as an advanced technocratic form of self- and
co-regulation which requires governance reform to address a growing
constitutional legitimacy gap. The literature review, case studies and analysis
shed a welcome light on policymaking at the centre of Internet regulation in
Brussels, London and Washington, revealing the extent to which states, firms
and, increasingly, citizens are developing a new type of regulatory
bargain.
