The Emergent Global Information Policy Regime

276 Pages·2004·26.472 MB·English

by  Sandra Braman (eds.)

The Emergent Global
Information Policy Regime
Edited by
Sandra Braman
International Political Economy Series
General Editor: Timothy M. Shaw, Professor of Commonwealth Governance
and Development, and Director of the Institute of Commonwealth Studies,
School of Advanced Study, University of London
Titles include:
Hans Abrahamsson
UNDERSTANDING WORLD ORDER AND STRUCTURAL CHANGE
Poverty, Conflict and the Global Arena
Francis Adams, Satya Dev Gupta and Kidane Mengisteab (editors)
GLOBALIZATION AND THE DILEMMAS OF THE STATE IN THE SOUTH
Preet S. Aulakh and Michael G. Schechter (editors)
RETHINKING GLOBALIZATION(S)
From Corporate Transnationalism to Local Interventions
Sandra Braman (editor)
THE EMERGENT GLOBAL INFORMATION POLICY REGIME
James Busumtwi-Sam and Laurent Dobuzinskis (editors)
TURBULENCE AND NEW DIRECTIONS IN GLOBAL POLITICAL ECONOMY
Elizabeth De Boer-Ashworth
THE GLOBAL POLITICAL ECONOMY AND POST-1989 CHANGE
The place of the Central European Transition
Helen A. Garten
US FINANCIAL REGULATION AND THE LEVEL PLAYING FIELD
Randall D. Germain (editor)
GLOBALIZATION AND ITS CRITICS
Perspectives from Political Economy
Barry K. Gills (editor)
GLOBALIZATION AND THE POLITICS OF RESISTANCE
Richard Grant and John Rennie Short (editors)
GLOBALIZATION AND THE MARGINS
Axel Hiilsemeyer (editor)
GLOBALIZATION IN THE TWENTY-FIRST CENTURY
Convergence or Divergence?
Helge Hveem and Kristen Nordhaug (editors)
PUBLIC POLICY IN THE AGE OF GLOBALIZATION
Responses to Environmental and Economic Crises
Takashi Inoguchi
GLOBAL CHANGE
A Japanese Perspective
Jomo K.S. and Shyamala Nagaraj (editors)
GLOBALIZATION VERSUS DEVELOPMENT
Craig N. Murphy (editor)
EGALITARIAN POLITICS IN THE AGE OF GLOBALIZATION
Michael Niemann
A SPATIAL APPROACH TO REGIONALISM IN THE GLOBAL ECONOMY
Morten Ougaard
POLITICAL GLOBALIZATION
State, Power and Social Forces
Markus Perkmann and Ngai-Ling Sum (editors)
GLOBALIZATION, REGIONALIZATION AND CROSS-BORDER REGIONS
Leonard Sea brooke
US POWER IN INTERNATIONAL FINANCE
The Victory of Dividends
Timothy J. Sinclair and Kenneth P. Thomas (editors)
STRUCTURE AND AGENCY IN INTERNATIONAL CAPITAL MOBILITY
Fredrik Soderbaum and Timothy M. Shaw (editors)
THEORIES OF NEW REGIONALISM
A Palgrave Reader
Kendall Stiles (editor)
GLOBAL INSTITUTIONS AND LOCAL EMPOWERMENT
Competing Theoretical Perspectives
Amy Verdun
EUROPEAN RESPONSES TO GLOBALIZATION AND FINANCIAL MARKET
INTEGRATION
Perceptions of Economic and Monetary Union in Britain,
France and Germany
Robert Wolfe
FARM WARS
The Political Economy of Agriculture and the International Trade Regime
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The Emergent Global
Information Policy Regime
Edited by
Sandra Braman
University of Wisconsin-Milwaukee
* Editorial matter and selection © Sandra Braman 2004
Chapters 1-10 © Palgrave Macmillan ltd 2004
Softcover reprint of the hardcover 1st edition 2004 978-1-4039-0369-3
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library of Congress Cataloging-in-Publication Data
The emergent global information policy regime I edited by Sandra Braman.
p. em.-(International political economy series)
1. Telecommunication-law and legislation. 2. Computer
networks-law and legislation. 3. Internet-law and legislation.
4. Telecommunication-Government policy. 5. Computer
networks-Government policy. 6. Internet-Government policy.
I. Braman, Sandra. II. International political economy series
(Palgrave Macmillan (Firm))
K4305.E46 2003
384.3-dc21 2003046938
10 9 8 7 6 5 4 3 2 1
13 12 11 10 09 08 0 7 06 OS 04
Contents
List of Tables and Figures vii
Acknowledgments viii
Notes on the Contributors ix
Acronyms xi
1 Introduction: The Processes of Emergence 1
Sandra Braman
2 The Emergent Global Information Policy Regime 12
Sandra Braman
3 Codification in Context: 39
Brian Kahin
4 ICANN and INTELSAT: Global Communication
Technologies and their Incorporation into International
Regimes 62
Milton Mueller and Dale Thompson
5 The Persistence and Breakdown of Exclusion and
Territoriality in Global Telecommunications Regimes 86
f. P. Singh
6 Projecting EU Regimes Abroad: The EU Data Protection
Directive as Global Standard 109
Dorothee Heisenberg and Marie-Helene Fandel
7 Networks and the Evolution of Property Rights
in the Global, Knowledge-based Economy 130
D. Linda Garcia
8 Elite Decision-Making and Epistemic Communities:
Implications for Global Information Policy 154
Derrick L. Cogburn
9 Private Governance for Global Communications:
Technology, Contracts, and the Internet 179
Hans Klein
v
vi Contents
10 Internet Points of Control 203
Jonathan Zittrain
References 228
Author Index 250
Subject Index 255
List of Tables and Figures
Tables
6.1 Survey of Safe Harbor companies 119
7.1 Comparing the cases 150
Figures
5.1 Cost dynamics of technology 89
5.2 The information industry 93
7.1 Evolution of property rights 136
10.1 Abstraction of internet protocol wide area
point-to-point data transmission 205
vii
Acknowledgments
It was Brian Job, then on the faculty of the Political Science Department
at the University of Minnesota and now at the University of British
Columbia, who first suggested in a doctoral seminar on international
relations in the mid-1980s that regime theory might be a useful way of
trying to grab ahold of what was then a very new topic within political
science. Among Job's gifts as a teacher is his ability to ask precisely the
question or provide exactly the provocation needed to move each
student forward in his or her intellectual path, and the idea took hold.
Early support for the basic premise that common themes were to be
found in treatment of information policy issues across diverse domains
of international relations came from the British Media, Culture & Society
folks, particularly Colin Sparks and Nicholas Garnham. Thanks also go
to Mark Levy and Cees Hamelink for their editorial interest in, and
therefore encouragement for, the approach developed in this book.
Stephen McDowell, J, P. Singh, Bella Mody, and Ed Comor have been
valued intellectual companions along the way. It is not possible to say
enough about the importance of the support from Guy W. Milford,
from the intellectual to the logistical, in bringing this work to fruition.
SANDRA BRAMAN
viii
Notes on the Contributors
Sandra Braman is Professor of Communication at the University of
Wisconsin-Milwaukee. Other current work includes Change of State: An
Introduction to Information Policy (2004) as well as the edited volumes
Communication Researchers and Policy-Making (2003) and Biotechnology
and Communication: The Meta-Technologies of Information (2004). She is
Chair of the Communication Law and Policy Division of the Interna
tional Communication Association.
Derrick L. Cogburn is Assistant Professor of Information and African
Studies at the University of Michigan School of Information and the Center
for Afroamerican and African Studies, where he directs the Collaboratory
on Technology Enhanced Learning Communities (www.cotelco.net).
He has held several positions on information society-related committees
of international organisations.
Marie-Helt~ne Fandel has a Masters in International Affairs from Johns
Hopkins School for Advanced International Studies and has worked for
several multilateral organisations, most recently the World Bank.
D. Linda Garcia is Professor and Director of the Communication,
Culture and Technology Program at Georgetown University. She has writ
ten widely on telecommunications policy issues and formerly served in the
US Office of Technology Assessment.
Dorothee Heisenberg is an Assistant Professor in European Studies at
Johns Hopkins School for Advanced International Studies. Her book on
the European Data Protection Directive and Safe Harbor will appear in
2004.
Brian Kahin is Visiting Professor II at the School of Information, Ford
School of Public Policy, and Department of Communication Studies of the
University of Michigan. Kahin has edited a series of influential volumes
on various aspects of the development of legal treatment of the internet.
Milton Mueller is Professor at Syracuse University, Director of Tele
communications and Information Management, and Director of the
ix