SCL Podcast: Legislating for Web 2.0 – Preparing for the Communications Act?

September 21, 2008

To access the audio recordings and speaker’s slides please CLICK HERE

CPD questions will be available shortly for this podcast

Day 1: Setting the Context

9.30: Introduction:
Policy Forum Chair: Chris Marsden – Director, LL.M. in IT Media E-Commerce Law, University of Essex Law School
Forum Host – Mark Turner – Herbert Smith LLP

9.45 – 11.15: How is the Next Generation Internet Changing?
Technology: Professor Jon Crowcroft – Marconi Professor, Cambridge Computer Lab
Money: James Enck – Telecoms Analyst, eurotelcoblog
Industry: Jean-Jacques Sahel – Director, Government and Regulatory Affairs, Europe – Skype

The speakers present papers on international approaches to Internet regulation in Europe, North America from the perspectives of technology evolution, finance and investment in the ‘Credit Crunch’ and beyond, and approaches beyond voice telecoms in an all-IP world.

11.15 – 11.40: Coffee

11.40 – 13.00: European Regulators’ Panel:
Professor Jonathan Cave –
RAND and University of Warwick
Reka Bernat- EC – Impact Assessment Unit, DG INFSO
Dr Monica Arino – International Division, Ofcom

The panelists present short position papers on the legislative and policy impact implications of aspects of Internet regulation, notably impact assessment and Better Regulation requirements, and the division of responsibilities and implementation challenges for Member States. 

13.00 – 14.00 – Lunch

14.00 – 15.45: Competition and Web 2.0: Entry into the new markets – equal opportunity for all?
Dr Herbert Ungerer –
Deputy Director General, Competition, European Commission
Professor Viktor Mayer-Schönberger, Information & Innovation Policy Research Center, LKY School of Public Policy, Singapore

The keynote speakers present papers on competition and security questions, including privacy and freedom of speech implications.

15.45 – 16.00: Tea

16.00 – 17.30: What should (and should not) be in a ‘future proof’ Communications Bill?
Professor Lorna Woods
– City University, London
Professor Tom Gibbons – University of Manchester

The panelists present short position papers on the legislative implications of Internet regulation, and lessons from previous compendium communications legislation in 1990, 1996 and 2003. The legislative focus is often very different to the technocratic requirements of the inter-ministerial negotiations on drafting, with emphasis on media ownership, broadcast impartiality and pay-TV, rather than EC Directives and ‘technological neutrality’. Is this old-fashioned inefficient analogue politicking or a welcome antidote to technological digital determinism?

17.30: Close of Day One

(19.30 for 20.00: Policy Forum Speaker’s Dinner at Herbert Smith – invited guests only).

Day 2:  Legislative Agenda

Morning Chair: Professor Lilian Edwards

9.30 – 11.00: The Beginning of Intermediary Liability?
Mark Turner
– Herbert Smith LLP
Professor Chris Reed – CCLS, Queen Mary University of London
Andrew Charlesworth – University of Bristol

This round table session focuses on the implications of particular regulatory practices for the development of competition, consumer protection and intermediary liability.

11.00 – 11.20: Coffee

11.20 – 13.00: Whither Legislation in Brussels and Washington:
Professor Andrea Matwyshyn
– The Wharton School of the University of Pennsylvania
Professor Nico van Eijk  – Institute for Information Law, University of Amsterdam
The speakers present papers on international legislative approaches to Internet regulation in Europe, and North America.

13.00 – 14.00: Lunch

Afternoon Chair: Professor Chris Reed

14.00 – 15.30: Liability and Copyright post-Gowers
Dr Ian Brown
– Oxford Internet Institute
Professor Lilian Edwards – University of Sheffield
Dr Fernando Barrio – London Metropolitan University

The panellists present papers on the implications of EC and UK developments in liability and copyright.

15.30 – 15.50: Tea

15.50 – 16.50: What should be in a Communications Act but isn’t?
Simon Dean Johns –
Axiom – “Against regulation”
Dr Ian Brown – Oxford Internet Institute – “Libertarian perspective”
Chris Marsden – University of Essex Law School – “Net neutrality: may the Phorm be with you”
Professor Jonathan Cave – RAND and University of Warwick

This round table session will focus on the practical development of Internet legislation, including the E-Commerce Directive.

16.50: Closing Remarks: Professor Chris Reed

17.00: End of Forum