Podcast
Questions and Answers
What was ARPA net primarily developed for?
What was ARPA net primarily developed for?
Which entity is responsible for establishing the technical standards that make the Internet function?
Which entity is responsible for establishing the technical standards that make the Internet function?
What does DNS stand for, and what is its primary function?
What does DNS stand for, and what is its primary function?
What are the two types of top-level domains mentioned?
What are the two types of top-level domains mentioned?
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What does ICANN stand for, and what is its role?
What does ICANN stand for, and what is its role?
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Which protocol is used for communications on the Internet and is currently transitioning from IPv4 to IPv6?
Which protocol is used for communications on the Internet and is currently transitioning from IPv4 to IPv6?
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What is a characteristic of a trademark as described?
What is a characteristic of a trademark as described?
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Conflicts over domain name registration are primarily governed by which system?
Conflicts over domain name registration are primarily governed by which system?
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What is surveillance capitalism primarily based on?
What is surveillance capitalism primarily based on?
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Which of the following is NOT a recognized problem associated with surveillance capitalism?
Which of the following is NOT a recognized problem associated with surveillance capitalism?
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What are the three parties involved in GDPR?
What are the three parties involved in GDPR?
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What must be demonstrated by the data controller regarding consent under article 7?
What must be demonstrated by the data controller regarding consent under article 7?
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What age requires parental authorization for consent under GDPR?
What age requires parental authorization for consent under GDPR?
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What does article 9 of GDPR pertain to?
What does article 9 of GDPR pertain to?
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What right is described in article 17 of GDPR?
What right is described in article 17 of GDPR?
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What does article 22 of GDPR address?
What does article 22 of GDPR address?
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In which case was Meta platforms found not to comply with GDPR principles?
In which case was Meta platforms found not to comply with GDPR principles?
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Which of the following is a requirement for consent according to article 6?
Which of the following is a requirement for consent according to article 6?
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What does UDRP primarily address?
What does UDRP primarily address?
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How long does a respondent have to respond to a complaint under UDRP?
How long does a respondent have to respond to a complaint under UDRP?
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What is one of the notable exceptions to the protections under Section 230 of the CDA?
What is one of the notable exceptions to the protections under Section 230 of the CDA?
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Which of the following describes a condition for the safe harbor of online service providers under OCILLA?
Which of the following describes a condition for the safe harbor of online service providers under OCILLA?
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What is the purpose of the e-commerce directive 2000/31?
What is the purpose of the e-commerce directive 2000/31?
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Which of the following best defines indirect liability?
Which of the following best defines indirect liability?
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In the context of online service providers, what does the term 'notice and take down' refer to?
In the context of online service providers, what does the term 'notice and take down' refer to?
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What characterizes the 'good Samaritan' provision of Section 230?
What characterizes the 'good Samaritan' provision of Section 230?
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What is one of the key prohibitions under the P2B regulation?
What is one of the key prohibitions under the P2B regulation?
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What does it mean for a practice to be labeled as 'misleading' under consumer rights regulations?
What does it mean for a practice to be labeled as 'misleading' under consumer rights regulations?
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What constitutes a 'blacklisted practice' in the context of unfair commercial practices?
What constitutes a 'blacklisted practice' in the context of unfair commercial practices?
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What is an example of a standard contract term?
What is an example of a standard contract term?
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How does an 'ex-ante' approach differ from an 'ex-post' approach in internet regulation?
How does an 'ex-ante' approach differ from an 'ex-post' approach in internet regulation?
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What is Geo blocking?
What is Geo blocking?
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What constitutes price discrimination?
What constitutes price discrimination?
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When is price discrimination considered illegal?
When is price discrimination considered illegal?
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What is the purpose of the Digital Content Directive (DCD)?
What is the purpose of the Digital Content Directive (DCD)?
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Which of the following defines a gatekeeper in the context of the Digital Markets Act (DMA)?
Which of the following defines a gatekeeper in the context of the Digital Markets Act (DMA)?
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What is meant by 'self-preferencing' by gatekeepers?
What is meant by 'self-preferencing' by gatekeepers?
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Which of the following is NOT a condition for gatekeepers under the DMA?
Which of the following is NOT a condition for gatekeepers under the DMA?
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What does the 'cross-portability regulation' in the EU allow for citizens temporarily in another member state?
What does the 'cross-portability regulation' in the EU allow for citizens temporarily in another member state?
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What is one of the major prohibitions for gatekeepers under the DMA?
What is one of the major prohibitions for gatekeepers under the DMA?
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Which article of the Universal Declaration of Human Rights focuses on freedom of speech?
Which article of the Universal Declaration of Human Rights focuses on freedom of speech?
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Which of the following phrases best describes 'locking in'?
Which of the following phrases best describes 'locking in'?
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What is the purpose of the code of conduct on countering illegal hate speech online?
What is the purpose of the code of conduct on countering illegal hate speech online?
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Which of the following strategies is based on user behavior online?
Which of the following strategies is based on user behavior online?
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What is a significant consequence for gatekeepers violating the DMA?
What is a significant consequence for gatekeepers violating the DMA?
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Study Notes
Internet Development and Regulation
- ARPANET, a telecommunications network for military and research purposes, was developed by the Advanced Research Projects Agency (ARPA) in 1969.
- The first email was sent in 1972.
- TCP/IP was developed in 1973.
- Personal computers (PCs) were developed by IBM and Apple in the 1980s.
- Microsoft Office appeared in 1985.
- The World Wide Web was developed by CERN in Geneva in 1990.
- Google Ads launched in 2003.
- The first YouTube video was uploaded in 2005.
Lawrence Lessig's Theory of Regulation
- Lessig's theory considers three regulatory mechanisms:
- Market regulation through prices
- Legal regulation through civil and criminal sanctions
- Social regulation through societal norms.
- Architecture (technical infrastructure) is shifting from freedom to control, influenced by evolving technical standards.
- Critical Internet resources (CIR) are coordinated by ICANN (Internet Corporation for Assigned Names and Numbers).
- ICANN is a non-profit organization with 112 member states.
Internet Technical Standards
- Key technical standards include:
- TCP/IP (Transmission Control Protocol/Internet Protocol).
- DNS (Domain Name System)
- IP addresses (unique numbers for computers/devices) are transitioning from IPv4 to IPv6.
- IANA (Internet Assigned Numbers Authority) manages IP address allocation worldwide through regional Internet registries (RIRs).
Domain Name System (DNS)
- DNS translates IP numbers into human-readable domain names (e.g., google.com).
- Top-level domains (TLDs) include:
- Generic Top-Level Domains (gTLDs): governed by ICANN
- Country Code Top-Level Domains (ccTLDs): governed by respective countries.
- Dispute resolution system (DRS), particularly UDRP (Uniform Domain Name Dispute Resolution Policy), addresses conflicts over DNS registration.
Trademarks and Internet Names
- Trademarks identify products/services. Descriptive names (e.g., shoes, delivery) are not registrable.
- WIPO (World Intellectual Property Organization) recommends UDRP to deal with bad faith trademark registration.
- UDRP is an administrative proceeding, not an arbitration, incorporated into contracts between registrars and registrants.
- UDRP procedure involves complaints, responses, arbitration panel decisions, and potential lawsuits.
Internet Intermediaries and Liability
- Internet intermediaries (search engines, hosting services, marketplaces) face indirect liability for user torts.
- Safe harbors protect them from liability for editorial functions.
- The CDA (Communication Decency Act) and OCILLA (Online Copyright Infringement Liability Limitation Act) are US laws.
- The EU's e-commerce directive provides similar protections.
- Section 230 (CDA) immunizes ISPs from liability related to editorial functions.
Safe Harbors for Online Service Providers
- OSPs aren't liable for infringing material if:
- No prior knowledge.
- Didn't have awareness of infringement.
- Moved to act promptly upon acquiring knowledge (notice and takedown).
- Red flags and knowledge acquisition are two methods for awareness.
Platform-to-Business (P2B) Regulation
- The EU's P2B regulation targets providers of information and services to businesses.
- Key prohibitions include account suspension/termination without clear justification, and lack of comprehensible terms and conditions.
- Platforms also must provide transparent ranking specifications.
Unfair Commercial Practices (B2C)
- The EU Directive harmonizes laws regarding unfair business-to-consumer (B2C) commercial practices.
- Practices are considered unfair if contrary to good faith.
- This includes misleading actions (false information) and omissions (missing necessary information).
Consumer Rights Directive (regarding e-commerce)
- Modernization of EU consumer rules affecting e-commerce.
- Areas include standard contract terms, unfair contract terms (with significant imbalances), and digital service providers.
Geoblocking and Price Discrimination
- Geoblocking restricts access based on user location.
- Price discrimination (different prices for identical products) is often illegal in EU.
- "Locking in" occurs when switching costs to another supplier exceed benefits.
Cross-Portability Regulation
- Applies to EU citizens temporarily in other member states, allowing access to paid digital services.
- User behavior analysis (strategies such as decoy effect) and platform self-preference are common practices.
Article 102 of the Treaty on the Functioning of the European Union (TFEU)
- Addresses behaviors that place competitors at a disadvantage, referencing rulings like the Microsoft Windows case.
Digital Content Directive (DCD)
- Addresses obligations related to online content (user-created, etc.) and service termination.
Sale of Goods Directive (SGD)
- Covers goods with digital elements (Internet of Things devices).
- Sellers must ensure regular updates and inform consumers.
Digital Markets Act (DMA)
- DMA governs gatekeeper online platforms (large platforms with systematic role in the EU internal market).
- Defines criteria and responsibilities for gatekeepers: prohibitions, free data access, interoperability.
- Enforcement includes fines related to infringements.
Freedom of Speech and Online Content
- International covenants (UDHR, ICCPR) outline principles of freedom of speech, with restrictions valid if legal, necessary, and proportionate.
- Codes of conduct exist with regard to online legal hate speech.
Surveillance Capitalism
- Describes business model of tech companies based on collected user data.
- Surveillance capitalism aims for maximizing data extraction and profits.
General Data Protection Regulation (GDPR)
- GDPR describes the rights, responsibilities, and procedures related to personal data.
- Key terms include data subjects, data controllers, data processors, and processing (managing data).
- GDPR principles include lawful, fair, transparent, limited purposes of processing and more.
- Exceptions to lawful data processing include consent(freely given and specific), legal obligation, protection of vital interests, public interest, and legitimate interest.
- Rights related to data include erasure (right to be forgotten), data transfer, and freedom from automated decision-making and profiling.
- GDPR cases include rulings against Meta for data transfers and Clearview AI data handling.
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Description
Test your knowledge on the evolution of the internet and the key regulatory theories proposed by Lawrence Lessig. This quiz covers historical milestones in internet development, such as the creation of ARPANET, the World Wide Web, and significant theories of regulation. Challenge yourself to understand the balance between technology and regulation in the digital age.