Electronic Communications Law and Internet Governance – Course outline
Autumn 2006
NB: All lectures take place in Room 365, Domus Nova
Monday4th September,14:15-16:00
Introduction to E-Communications Law
Per-Kaare Svendsen, Wiersholm
Welcome. Overview of the course.Brief introduction to the EU electronic communications regulatory framework and overview of the sector specific regulatory framework. Overview of regulatory principles. Liberalisation and harmonisation.
Reading:
Walden & Angel (eds.), Telecommunications Law and Regulation, Chapters 1, 2 and 4 (focus on EC legislation when reading).
Thursday7th September, 14:15-16:00
Introduction to Electronic Communications Technology and Terminology
Håkon Styri, DigmeAS
What are electronic communications networks and services? How does the underlying technology work? How are terms such as telecommunication, electronic communication, telephony, bandwidth, convergence, and digitalisation defined?
Monday11th September, 14:15-16:00
E-Comm Law: E-Communications Regulatory Package and Significant Market Power
Per-Kaare Svendsen, Wiersholm
Development from “telecommunications services” to “electronic communications services”. Procedural aspects. Regulatory bodies (NRAs and EU).
Explanation of Significant market power (SMP) and significance of SMP as regulatory tool. Definition of relevant markets and designation of SMP.
Reading:
Walden & Angel (eds.), Telecommunications Law and Regulation, Chapters 4, 5, 6 and 10.
The 1999 Communications Review (only pages 1-3 and pages 10-19), at
The results of the public consultation on the 1999 Communications Review andOrientations for the new Regulatory Framework, at
Thursday14th September, 14:15-16:00
E-Comm. Law: Significant Market Power (contd.)
Per-Kaare Svendsen, Wiersholm
Regulation of significant Market Power and Consequences of SMP.
Reading:
Walden & Angel (eds.), Telecommunications Law and Regulation, Chapters 4 and 6.
Framework Directive arts. 14, 15 and 16.
Recommendation on relevant product and service markets, and
Guidelines on market analysis and calculation of SMP
Monday18th September, 14:15-16:00
E-Comm. Law: Access to Networks and Services
Per-Kaare Svendsen, Wiersholm
Overview of Access and Interconnection. Why is regulation of access necessary?What is interconnection and access?Different types of Access. Regulation of operators without SMP and Regulation of operators with SMP.
Reading:
Walden & Angel (eds.), Telecommunications Law and Regulation, Chapter 6.
Access and Interconnection Directive
Thursday21stSeptember, 14:15-16:00
Access to Networks and Services (contd.); Regulatory remedies
Per-Kaare Svendsen, Wiersholm
Regulation of Interconnection and Access. Relevant examples of cases. Dynamic element of regulation. Conflicts relating to access and interconnection.
Role of NRAs in mediating and determination of conflicts.
Reading:
Walden & Angel(eds.), Telecommunications Law and Regulation, Chapter 6.
Monday 25th September, 14:15-16:00
EU Competition Law and E-Comm. Law
Per-Kaare Svendsen, Wiersholm
Overview of EU competition regulation.
Significance of competition in EUe-comm. law.
Relationship between general and sectoral EU competition rules, and their differences and similarities.
Analysis of relevant cases and principles.
Reading:
Walden & Angel (eds.), Telecommunications Law and Regulation, Chapter 8, and case law distributed by lecturer.
Supplementary reading:
Whish, Competition Law, Chapter 1.
Koenig, Bartosch & Braun (eds.), EC Competition and Telecommunications Law: A Practitioner’s Guide.
Nihoul & Rodford, EU Electronic Communications Law: Competition and Regulation in the European Telecommunications Market.
Thursday 28th September, 14:15-16:00
Competition law and E-Comm. Law(contd.)
Per-Kaare Svendsen, Wiersholm
Continuation of previous lecture.
Monday2ndOctober, 14:15-16:00
Narratives of Internet History and Governance
Jon Bing, NRCCL
History of Internet development.
Defining features of Internet.
Relationship to other networks and concepts.
Reading:
Bygrave & Bing(eds.), Internet Governance Anthology, Chapter 1.
(NB. This anthology is still in draft form and will not be published until late 2006. Copies of the relevant parts of the draft will be made available to students as hand-outs in the beginning of October 2006)
Monday9th October, 10:15-12:00
Development of Core Internet Standards – Players and Processes
Lee Bygrave, Dept. of Private Law
Overview of governance forms.
Overview of principal actors involved (IETF, W3C etc.).
RFC process – “rough consensus and running code”.
Reading:
Bygrave & Bing (eds.), Internet Governance Anthology, Chapters 2–4.
MacLean (ed.), Internet Governance, pp. 31–40, 100–121, 122–161, 183–226.
Supplementary reading:
Mueller, Ruling the Root.
Froomkin, “”, section II.
UN Working Group on Internet Governance, Report and Background Report (2005).
Monday 6thNovember, 10:15-12:00
Domain Name System and ICANN
Lee Bygrave, Dept. of Private Law
Overview of DNS and principal bodies involved, with particular focus on ICANN.
Reading:
Bygrave & Bing (eds.), Internet Governance Anthology, Chapter 5.
MacLean (ed.), Internet Governance, pp. 22–28.
Wednesday 8th November, 14:15-16:00
Domain Name Dispute Resolution – UDRP, Trade Marks and Beyond (I)
Lee Bygrave, Dept. of Private Law
Dispute resolution schemes, with particular focus on UDRP.
Role of ordinary law, with particular focus on trademark law.
Reading:
Bygrave & Bing (eds.), Internet Governance Anthology, Chapter 5.
ICANN, Uniform Domain-Name Dispute Resolution Policy, at <
Supplementary reading:
Papers for Symposium on ICANN Governance, Loyola Law Review, 2003, vol. 36, no. 3.
Wednesday15thNovember, 14:15-16:00
Domain Name Dispute Resolution – UDRP, Trade Marks and Beyond (II
WSIS process and Beyond
Lee Bygrave, Dept. of Private Law
Continuation of previous lecture, plus …
Impact and likely outcomes of WSIS process.
Reading:
Bygrave & Bing (eds.), Internet Governance Anthology, Chapter 6.
MacLean (ed.), Internet Governance, 31–40, 100–121, 122–161, 183–226.
Supplementary reading:
Electronic Privacy Information Center (EPIC), The Public Voice WSIS Sourcebook.
UN Working Group on Internet Governance, Report and Background Report (2005).
Caral, “Lessons from ICANN: Is self-regulation of the Internet fundamentally flawed?”.
Thierer & Crews (eds.), Who Rules the Net? Internet Governance and Jurisdiction.