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ChokepointsGlobal Private Regulation on the Internet$
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Natasha Tusikov

Print publication date: 2016

Print ISBN-13: 9780520291218

Published to California Scholarship Online: September 2017

DOI: 10.1525/california/9780520291218.001.0001

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PRINTED FROM CALIFORNIA SCHOLARSHIP ONLINE (www.california.universitypressscholarship.com). (c) Copyright University of California Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use.date: 24 January 2022

Secret Handshake Deals

Secret Handshake Deals

(p.1) 1 Secret Handshake Deals

Natasha Tusikov

University of California Press

This chapter sets the scene for the rest of the book by describing the emergence of non-legally binding enforcement agreements among large Internet firms through a series of closed-door meetings. It introduces the key actors: mostly U.S.-based Internet firms, multinational rights holders, influential industry associations, and policymakers and politicians from the U.S., U.K., and European Commission. Together these actors form a private transnational regime with the goal of suppressing the trafficking of counterfeit goods on the Internet. To provide context, the chapter explains the importance of regulating intellectual property rights to rights holders and governments, as well as the many challenges involved in identifying and policing the distribution of counterfeit goods. The chapter introduces the concept of ‘macro-intermediaries’ (which are globally operating, powerful Internet firms) and explains how these major Internet firms regulate through technology (termed ‘techno-regulation’) to remove content from and disable websites selling counterfeit goods. It describes the focus on five types of Internet sectors (search, advertising, payment, domain name, and marketplace). Companies providing these services can enact different types of regulatory ‘chokepoints’ to target the distribution of counterfeit goods.

Keywords:   Macro-intermediaries, Secret handshake deals, Counterfeit goods, Techno-regulation, Transnational regime, Regulatory chokepoints

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