RESEARCH HANDBOOK ON DIGITAL
REGULATORY AGENCIES
EDWARD ELGAR
A wide variety of developments related to information technology, communication, and artificial intelligence show great promise but also have potential downsides that may require the involvement of new digital regulatory agencies.
Information technology is evolving at a rapid pace and is now embedded in all aspects of our lives. IT has transformed the business landscape, making possible online transactions and the use of data analytics for more efficient production and targeted marketing efforts. However, with increased reliance on digital systems and data storage, businesses face greater risks of data breaches, hacking, and unauthorized access to sensitive information.
Education has been transformed by digital technology making online learning accessible to a wide range of learners and providing e-learning platforms and virtual classrooms that enhance the learning experience. However, easy access to information and, more recently, AI can tempt students to engage in academic dishonesty, such as copying and pasting content that can impede learning while reducing critical thinking and originality.
In health care, electronic health records, telemedicine, health monitoring devices, and AI technologies can improve outcomes for patient. However, overreliance on technology can potentially lead to biases, erroneous diagnosis and treatment that can threaten a person’s life.
In our personal lives, faster and more ubiquitous networks enables us to connect instantly with others across the globe through email, messaging apps, video calls, and social media platforms. But the social interactions that happen through these platforms have also brought negative consequences, namely detrimental effects on our mental health, particularly among teens and young adults, cyberbullying, the potential misuse or exploitation of personal information due to the vast amounts of personal data these platforms collet, and the spread of misinformation.
The introduction of artificial intelligence in general and the release of ChatGPT in particular is raising significant concerns among governments, which is yet another reason why now is the right time to ask ourselves if it is necessary to consider establishing a digital regulatory agency.
The purpose of this handbook is thus to present insights into the functions, responsibilities, and regulatory frameworks of what could eventually be digital regulatory agencies. It would describe the dynamic landscape of digital technologies, their impact on various sectors, and the role of a digital regulatory agency for those areas. It will discuss the challenges that a digital regulatory agency would face, promoting innovation and consumer protection, managing data privacy and security, and balancing free speech and misinformation. It will cover a wide range of topics related to a government agency’s role and responsibilities in overseeing the digital landscape. We bring together contributions from experts in many areas of information technology to explain whether a regulatory agency would be desirable and the benefits and risks associated with creating an agency of this type.
TABLE OF CONTENTS
Introduction
Martha Garcia-Murillo, University of Nebraska – Omaha (US)
Ian MacInnes, University of Nebraska – Omaha (US)
PART ONE: THE ROLES AND RESPONSIBILITIES OF A DIGITAL REGULATORY AGENCY
On the Need for Digital Regulatory Agencies
Cary Coglianese - Penn Program on Regulation, University of Pennsylvania
Existing Frameworks: Examining Alternative Approaches to Digital Platform Regulation
Larry Spiwack - Phoenix Center for Advanced Legal and Economic Public Policy Studies (US)
Key functions of a Digital Regulatory Agency
Mark MacCarthy - Communication, Culture & Technology Program Georgetown University (US)
Competition and Antitrust Concerns Regarding Digital Players
Mark Jamison - Public Utility Research Center, University of Florida (US)
A bottoms-up approach to AI Governance
Joshua Meltzer – Brookings Institute (US)
PART TWO: REGULATION OF SPECIFIC DIGITAL AREAS
Cybersecurity, Economics and Regulatory Frameworks
Morten Falch & Anders Henten, CMI Aalborg University
A New Frontier for AI use: The Case of Latin America and Cloud data
Silvia Elaluf-Calderwood - Florida International University (US)
Cost recovery and Affordability of Broadband Infrastructure: A Global Comparison of Models
Roslyn Layton - Strand Consult (Denmark)
Different Overviews About One of the Critical Pieces of the Internet Ecosystem: A look into the Internet Exchange Points (IXPS)
Patricia Vargas - Information Society Project at Yale Law School (US)
Policy Landscape: Understanding the Framework of IP Interconnection in South Korea
Dae Keun Cho - Sogang University, (Korea)
The governance of the European health data space
Susana Navas - Universitat Autònoma de Barcelona (Spain)
Domestic and Intergovernmental Jurisdiction and Coordination of Space Debris in Satellite Communication
Frieden, Rob - Academy and Emeritus Professor of Telecommunications and Law , Penn State University
PART THREE: COUNTRY LEVEL OF DIGITAL REGULATORY AGENCIES
How trade policy can drive regulatory cooperation on generative AI
Toshiya Jitsuzumi - Chuo University (Japan)
Setting the Stage: The Need for a Digital Regulator in South Africa
Petrus Potgieter - University of South Africa (South Africa)
New Zealand's Digital Landscape: Paving the Way for Effective Regulation?
Bronwyn Howell – Victoria University of Wellington (New Zealand)
Building the Framework for Digital Governance in Peru
Roxana Barrantes - Pontificia Universidad Católica del Perú (Peru)
PART FOUR: INTERNATIONAL COOPERATION OF DIGITAL REGULATORY AGENCIES
Envisioning the Future Landscape of Caribbean Digital Regulation
Kwesi Prescod - Prescod Associates & Co (Trinidad and Tobago)
Key Function of a Digital Agency
Georg Serentschy - Serentschy Advisory Services GmbH, (Austria)
Digital Regulatory Agencies in a Global Context: Exploring the Landscape of International Collaboration
David Geary - Cendia Technologies (Ireland)
Our Digital Future at a Crossroad: Exploring The Interaction between International and National Agencies
Mohamed El-Moghazi - Consular of Egypt, the ITU council (Egypt)
Sheha Abdelmohssenabdelmohssen - United Nations Appeals Tribunal (Egypt)
Evolving Regulation in Digital Economics: Anticipating Future Challenges and Opportunities
Martha Garcia-Murillo, University of Nebraska – Omaha (US)
Ian MacInnes, University of Nebraska – Omaha (US)
Editors
Martha Garcia-Murillo, University of Nebraska – Omaha (US)
Roslyn Layton - Strand Consult (Denmark)
Ian MacInnes, University of Nebraska – Omaha (US)
Information technology is evolving at a rapid pace and is now embedded in all aspects of our lives. IT has transformed the business landscape, making possible online transactions and the use of data analytics for more efficient production and targeted marketing efforts. However, with increased reliance on digital systems and data storage, businesses face greater risks of data breaches, hacking, and unauthorized access to sensitive information.
Education has been transformed by digital technology making online learning accessible to a wide range of learners and providing e-learning platforms and virtual classrooms that enhance the learning experience. However, easy access to information and, more recently, AI can tempt students to engage in academic dishonesty, such as copying and pasting content that can impede learning while reducing critical thinking and originality.
In health care, electronic health records, telemedicine, health monitoring devices, and AI technologies can improve outcomes for patient. However, overreliance on technology can potentially lead to biases, erroneous diagnosis and treatment that can threaten a person’s life.
In our personal lives, faster and more ubiquitous networks enables us to connect instantly with others across the globe through email, messaging apps, video calls, and social media platforms. But the social interactions that happen through these platforms have also brought negative consequences, namely detrimental effects on our mental health, particularly among teens and young adults, cyberbullying, the potential misuse or exploitation of personal information due to the vast amounts of personal data these platforms collet, and the spread of misinformation.
The introduction of artificial intelligence in general and the release of ChatGPT in particular is raising significant concerns among governments, which is yet another reason why now is the right time to ask ourselves if it is necessary to consider establishing a digital regulatory agency.
The purpose of this handbook is thus to present insights into the functions, responsibilities, and regulatory frameworks of what could eventually be digital regulatory agencies. It would describe the dynamic landscape of digital technologies, their impact on various sectors, and the role of a digital regulatory agency for those areas. It will discuss the challenges that a digital regulatory agency would face, promoting innovation and consumer protection, managing data privacy and security, and balancing free speech and misinformation. It will cover a wide range of topics related to a government agency’s role and responsibilities in overseeing the digital landscape. We bring together contributions from experts in many areas of information technology to explain whether a regulatory agency would be desirable and the benefits and risks associated with creating an agency of this type.
TABLE OF CONTENTS
Introduction
Martha Garcia-Murillo, University of Nebraska – Omaha (US)
Ian MacInnes, University of Nebraska – Omaha (US)
PART ONE: THE ROLES AND RESPONSIBILITIES OF A DIGITAL REGULATORY AGENCY
On the Need for Digital Regulatory Agencies
Cary Coglianese - Penn Program on Regulation, University of Pennsylvania
Existing Frameworks: Examining Alternative Approaches to Digital Platform Regulation
Larry Spiwack - Phoenix Center for Advanced Legal and Economic Public Policy Studies (US)
Key functions of a Digital Regulatory Agency
Mark MacCarthy - Communication, Culture & Technology Program Georgetown University (US)
Competition and Antitrust Concerns Regarding Digital Players
Mark Jamison - Public Utility Research Center, University of Florida (US)
A bottoms-up approach to AI Governance
Joshua Meltzer – Brookings Institute (US)
PART TWO: REGULATION OF SPECIFIC DIGITAL AREAS
Cybersecurity, Economics and Regulatory Frameworks
Morten Falch & Anders Henten, CMI Aalborg University
A New Frontier for AI use: The Case of Latin America and Cloud data
Silvia Elaluf-Calderwood - Florida International University (US)
Cost recovery and Affordability of Broadband Infrastructure: A Global Comparison of Models
Roslyn Layton - Strand Consult (Denmark)
Different Overviews About One of the Critical Pieces of the Internet Ecosystem: A look into the Internet Exchange Points (IXPS)
Patricia Vargas - Information Society Project at Yale Law School (US)
Policy Landscape: Understanding the Framework of IP Interconnection in South Korea
Dae Keun Cho - Sogang University, (Korea)
The governance of the European health data space
Susana Navas - Universitat Autònoma de Barcelona (Spain)
Domestic and Intergovernmental Jurisdiction and Coordination of Space Debris in Satellite Communication
Frieden, Rob - Academy and Emeritus Professor of Telecommunications and Law , Penn State University
PART THREE: COUNTRY LEVEL OF DIGITAL REGULATORY AGENCIES
How trade policy can drive regulatory cooperation on generative AI
Toshiya Jitsuzumi - Chuo University (Japan)
Setting the Stage: The Need for a Digital Regulator in South Africa
Petrus Potgieter - University of South Africa (South Africa)
New Zealand's Digital Landscape: Paving the Way for Effective Regulation?
Bronwyn Howell – Victoria University of Wellington (New Zealand)
Building the Framework for Digital Governance in Peru
Roxana Barrantes - Pontificia Universidad Católica del Perú (Peru)
PART FOUR: INTERNATIONAL COOPERATION OF DIGITAL REGULATORY AGENCIES
Envisioning the Future Landscape of Caribbean Digital Regulation
Kwesi Prescod - Prescod Associates & Co (Trinidad and Tobago)
Key Function of a Digital Agency
Georg Serentschy - Serentschy Advisory Services GmbH, (Austria)
Digital Regulatory Agencies in a Global Context: Exploring the Landscape of International Collaboration
David Geary - Cendia Technologies (Ireland)
Our Digital Future at a Crossroad: Exploring The Interaction between International and National Agencies
Mohamed El-Moghazi - Consular of Egypt, the ITU council (Egypt)
Sheha Abdelmohssenabdelmohssen - United Nations Appeals Tribunal (Egypt)
Evolving Regulation in Digital Economics: Anticipating Future Challenges and Opportunities
Martha Garcia-Murillo, University of Nebraska – Omaha (US)
Ian MacInnes, University of Nebraska – Omaha (US)
Editors
Martha Garcia-Murillo, University of Nebraska – Omaha (US)
Roslyn Layton - Strand Consult (Denmark)
Ian MacInnes, University of Nebraska – Omaha (US)
