Can self-regulation satisfy the transnational requisite of successful internet regulation?

Abstract

For primarily technological, economic and political reasons, self-regulation has been put forth as a suitable regulatory system of 'online' realities. This paper reviews the problems set by the transnational character of cyberspace activities on regulation giving particular attention to self-regulation. The authors use the example of Internet Service Providers' self-regulation to identify a number of current limitations and restrictions of effective self-regulation. These include, inter alia , the claims that the current initiatives are: in essence, bound by national boundaries, that is, they regulate behaviour of participants coming from a particular territory only; or are lacking in efficient sanctions, public accountability and actual monitoring and reviewing systems. The authors argue that self-regulation systems are capable of going beyond the current set of limitations. Essentially self-regulation initiatives need to prove that they are capable of overcoming the transnational limitation of regulation introduced by the digital world. This, the authors suggest can be achieved in the regulation of some areas of activity, especially where the market requires regulation but states have no incentive to intervene.