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From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi

Contents »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi

Dedication »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi

II Enforcing Private Law on the Internet »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi
2.01 When the US Federal Communications Commission classified broadband technology as a telecommunications service and enacted rules to implement a concept widely known as ‘net neutrality’,1 under which Internet service providers are required to treat all data on their networks equally and without discriminating between different types of content,2 the Commission’s then-chairman, Tom Wheeler, explained: The Internet is the most powerful and pervasive platform on the planet. It is simply too important to be left without rules and without a referee on the field. . ....

Index »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi

VI The Internet and Beyond »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi
6.01 This book has looked at how private international law can react to challenges raised by the Internet, such as the multiplication of connections caused by its independence from national borders and the growing prevalence of private ordering. Even though the existing legal framework has been found wanting, it has been shown that private international law does not have to capitulate to these challenges, but can effectively address them. 6.02 As mentioned before, phenomena like the decreasing significance of national borders, the emergence of exchanges,...

IV Liability for Internet Activities in EU Private International Law »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi
4.01 It is clear by now that the vision of an autonomous cyberspace, independent from nation states and governed by its own law has not materialized; nor has any form of universal global governance been established. Instead, the account of the different attempts to enforce private law on the Internet in Chapter II has revealed a picture of highly fragmented regulation, with courts and legislators struggling with the disconnect between the territorially limited scope of their regulatory authority and the borderless nature of online communication. As a consequence,...

List of Abbreviations »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi

I Introduction »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi
1.01 Every year on April Fools’ day, the social news website reddit adds a new temporary feature that users can interact with as a social experiment. In 2017, this experiment took the form of a 1000 × 1000-pixel canvas (called ‘r/place’) that any user could edit by changing the colour of a single pixel every five minutes. When the feature was shut down seventy-two hours later, more than 1 million unique users had made around 16 million edits to the canvas. And while most users had originally attempted to draw something of their own, they had been quick to organize...

Preface »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi

III Private International Law as a Tool for Regulation »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi
3.01 It has been argued that the aforementioned difficulties of enforcing domestic private law on the Internet leave regulators with a choice between two options: ‘either . . . divide the cyber-world into sovereign territory through the interest of a physical state, or . . . leave the cyber-world to regulate itself in the name of freedom of information’.1 This book argues that there is a third option: coordinating the different claims to regulatory authority through private international law.2 This chapter will discuss the potential of private international law as...

Private International Law Online: Internet Regulation and Civil Liability in the EU »

Tobias Lutzi

V Proposal for an Alternative Approach »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi
5.01 In the previous chapter, it has been shown that within the European Union, the potential of private international law described in Chapter III to address the problems identified in Chapter II has largely remained untapped. In this chapter, a proposition will be developed as to how this potential could be used more effectively to address the undeniable challenges of Internet communication. It will be discussed how the existing rules of EU private international law could be reinterpreted, readjusted, or supplemented to address these challenges, using the...

Table of Cases »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi

Table of Legislation »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi

Table of Other Primary Sources »

From: Private International Law Online: Internet Regulation and Civil Liability in the EU
Tobias Lutzi