Introduction
Over the last two decades, the Internet has become an important aspect of global communication, and with the continued to advance advancement of IT during this period; the internet has become an important communication tool. Moreover, the fast growth of the internet has been buoyed by the increasing recognition of freedom of speech across the world. However, it is the potential impacts of the unregulated internet that have necessitated calls to regulate the Internet under public international law. Currently, there is no clear legal framework under international law that governs the regulation of the internet. At the local or national levels, individual nations such as China, India, and Russia have attempted to regulate the Internet by limiting access, while the global level, the International Telecommunication Union (ITU) has been responsible for controlling access to certain web domains.
In spite of these domestic and international attempts to regulate the internet, little success has been registered so far. The possible reason why there has never been a proper regulation of the internet under the public international law could be that the issue of regulation of the internet has economic, social and political issues. For instance, there are human rights issues such as freedom of speech, privacy, cybercrime or cyber-attacks, intellectual property rights such as copyright, computer networks attacks, harmful, and inappropriate content on the internet, and the use of the internet to facilitate terrorism. Regulation of the Internet under international law has also faced jurisdictional challenges that have hindered progress in the formulation of a strong legal framework on internet regulation (Kulesza, 2012).
The purpose of this research paper is to critically analyze the possibility of regulation of the Internet under international law while commenting on the limitations, weaknesses, and challenges in the current international legal framework for internet regulation. It also aims to formulate the way forward in the global regulation of the internet.
Literature Review
However, as Rediker (2015) argues, the need to regulate the internet seems to have been necessitated by the problem of people using the internet to incite others to facilitate terrorism activities. According to him, over the last decade, the internet has been used by Islamic fundamentalists as a tool for radicalizing citizens across Europe who are discontented with their governments. Moreover, the regulation of the internet according to this author raises the threat of the internet being used for incitement, propaganda, and cyber terrorism.
Furthermore, as Goldsmith (2000) claims, the unilateral regulation of the internet by individual nations has not been very effective in ensuring that the Internet is not used to promote acts of terrorism. At the same time, this self-regulation by countries creates jurisdictional challenges in the global regulation of the internet.
Additionally, Segura-Serrano (2006), due to the diverse nature of national or domestic laws that seek to regulate the internet, international law is most suitable global internet regulation tool. He, therefore, argues that international law plays an important role with regards to the regulation of the internet given that it is less likely to be faced by the jurisdictional challenges involved in the regulation of the internet. According to Schultz (2008), the regulation of the Internet under international law is also facing the challenge of the need to protect local values which would be threatened by any steps to have the internet regulated by an international body such as the ITU. Moreover, the vertical and horizontal fragmentations that exist in the current regulation of the internet have also thwarted global efforts to regulate the internet.
According to Koumartzis and Veglis (2014), the Internet today is one of the essential features and objects of the globalization and internationalization of the almost every aspect of life in global. Due to this, these authors argue that any international media law aimed at regulating the internet should have an international dimension. However, as Maniandaki (2007) states, private use, correspondence, and e-commerce beyond the media law are some of the remaining challenges in the attempts to come up with an international media law that would help control the access to and use of the internet.
Additionally, Lomborg (2012) argues that there are various general failures and shortcomings that currently exist under international law which make it impossible to have an international law that regulates the internet. This is because compliance with international law of the internet would require and depend solely on the voluntary participation and commitment by states in the regulation process. Furthermore, the differences or disparities that exist among states with regards to the regulation of the internet are among the other challenges that exist in the quest to regulate the Internet under international law. Currently, the debate about the internet being an international human right is also another issue that has thwarted efforts at the global level to regulate the internet. Furthermore, according to Smith (2010), in the European Union, internet regulation is faced with challenges of copyrights, jurisdiction, cross-border liability, enforcement of judgments, governing of foreign websites, and data protection.
Despite these challenges, some progress has been registered in the regulation of the internet thanks to the positive actions of the global regulatory groups such as the Internet Governance Forum (IGF) and the Global Commission on Internet Governance (GCIG). Other global organizations that have played a crucial role in attempts to regulate the internet are the United Nations Commission on International Trade Law (UNCITRAL), World Intellectual Property Organization (WPO), and the Organization for Economic Cooperation and Development (OECD). Weber (2007), for example, argues that with the failure of a global legal framework for the governance of the internet, self-regulation and close collaboration among stakeholders, international organizations, and nations would promote internet regulation globally with time.
Research Plan
Methodology
This research will use secondary sources of data, such as books, credible international organizations’ websites, international law documents, and journal articles. These will form the primary sources of data for the study.
Research Questions
This research paper seeks to find a solution to the following research questions:
What is the current state of legal regulation of the internet under international law and what is the future role of international law in the regulation of the internet?
What are the challenges and limitations facing the attempts to regulate the Internet under international law?
What is the current debate on the regulation of the internet and what are the international concerns about the protection of intellectual property?
How can the right and freedom of expression, freedom of the press, and media be reconciled with the need to regulate the internet?
Hypothesis
The regulation of the internet under public international law faces the challenges of jurisdiction, differences between states, the need to protect intellectual property rights, and the right to media freedom of expression and free speech.
Scope and Problems
Conclusion
In summary, given the global nature of the internet and its usage as a means of communication and the fear that the internet may be misused, there has arisen the need to regulate the web. However, there are various economic, social, political, and legal issues that frustrate international efforts to regulate it. Therefore, it would be better if the regulation of the internet were left under the jurisdiction of individual states, but with emphasis on cooperation among states on the best regulatory framework rules, principles, and procedures.
References
Goldsmith, J. (2000). Unilateral regulation of the Internet: A modest defense. European Journal of International Law, 11(1), 135-148
Koumartzis, N. & Veglis, A. (2014). Internet Regulation and Online Censorship. International Journal Of E-Politics, 5(4), 66-81
Kulesza, J. (2012). Michigan Journal of International Law. New York: Routledge
Land, M. (2013). Toward an international law of the internet. Harvard International Law Journal, 54(2), 394-458
Lomborg, S. (2012). Personal internet archives and ethics. Research Ethics, 9(1), 20-31.
Rediker, E. (2015). The incitement of terrorism on the Internet: Legal standards, enforcement, and the role of the European Union. Michigan Journal of International Law, 36(2), 321- 351
Schultz, T. (2008). Carving up the internet: Jurisdiction, legal orders, and the private/public international law interface. European Journal of International Law, 19 (4), 799-839
Segura-Serrano, A. (2006). Internet Regulation and the Role of International Law. Max Planck Yearbook of United Nations Law Online, 10(1), 191-272.
Smith, G.J.H. (2010). Internet law and regulation. London: Thomson Sweet & Maxwell
Weber, R.H. (2007). Shaping internet governance: Regulatory challenges. New York: Springer
