International Journal of Communications Law & Policy

COMPETING TELECOMMUNICATIONS AND CYBER REGULATION: IS THERE A NEED FOR TRANSATLANTIC REGULATORY FRAMEWORK?
By Aurora Rodríguez Aragón

Download the Paper in PDF Format: IJCLP Web-Doc 8-3-1999

Abstract

The rapid emergence of a liberalized global communications market , and popular use of the Internet have brought into question traditional means of national regulation. Martin Bangemann best described the need for expedient action in the rapidly developing information society. Bangemann stated that, "[I]f someone had predicted the attention the Information Society policy would be given only a few years ago, he or she would have been considered as cosmic in imagination or short on brains . . . the world needs to establish a new set of rules adapted to the capabilities of new technologies." These regulations must be formulated quickly and legislators must try to envision that rapid evolution shall occur in the field of information technology. Traditionally, telecommunications, satellite technology, and computer technology operated independently of one another and had thus been regulated independently. However, with the convergence of these technologies the governments of the world must develop rules that go beyond the Fourth Protocol of the GATS. The two major players in telecommunications and cyber technology are the United States and the European Union. Because of different economic and technological factors the United States and the European Union envision telecommunications liberalization and cyber regulation in very different manners. Part II of this paper will deal with the impact and differ-ences that the United States and the European Union have on the interpretation of the Fourth Protocol of the GATS. Part III will provide a brief analysis of the need for cyber regulation and different approaches proposed by the United States, the European Union and independent pro-ponents. Part IV will conclude that while an Internet Charter perhaps working under the WTO framework seems to be the most desirable solution for the long term, in the short term different legal regimes will have to cohabitate.