This book analyses Internet regulation in the European Union (EU).
Frank Easterbrook, pointing out the danger of collecting different strands
of study into a unified one, famously called Internet law ‘the Law of the
Horse’.1 His warning is still valid today. Assuming that Internet law is a
unified field, we run the danger of forgetting that its regulation arises out
of more general, older legal disciplines. Nevertheless, the Internet has
been part of our reality for two decades. Today it penetrates our lives to
an unprecedented extent and we can no longer be happy attempting to
view it through the prism of other disciplines. Although it may have
earlier been true to say that intellectual property or contract law was
sufficient to explain the Internet, this is no longer true. There are two
reasons for this. First, as a result of the digital revolution, rather than
applying the inherited concepts to the digital world, the traditional
phenomena such as property, privacy and identity need to be reconceptualized
in a broader non-digital frame. Second, the ubiquitous new
phenomena, such as user-generated content or social networks, bring new
rules, a new language and a new social context which do not easily lend
themselves to traditional legal classification.
In this book we understand the Internet to mean a world-wide web of
interconnected computers which use the same language (protocol) to
communicate. As such, we do not distinguish between the Internet
provided through the regular broadband pipe and through other means
(LAN networks, new generation 3G or 4G mobile networks, etc.) This
approach inevitably means that a range of phenomena typically relevant
in information technology (but which do not involve publicly accessible
connected networks) are out of the scope of this book. In other words,
this book is not about information technology systems in general but only
those which operate on the publicly accessible World Wide Web.
Three other remarks about this book’s scope are in order.