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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, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use.date: 22 May 2022

Internet Firms Become Global Regulators

Internet Firms Become Global Regulators

Chapter:
(p.36) 2 Internet Firms Become Global Regulators
Source:
Chokepoints
Author(s):

Natasha Tusikov

Publisher:
University of California Press
DOI:10.1525/california/9780520291218.003.0002

Having set the backdrop to the private agreements, this chapter discusses how the non-binding agreements emerged from distinct historical and political circumstances. It provides a brief historical overview that traces the growing influence of multinational rights holders on the U.S. government’s intellectual property policymaking processes from the late 1970s to 2012. The chapter then examines in detail four U.S. intellectual property bills, including the controversial Stop Online Piracy Act, which proposed to reshape fundamentally the online regulation of intellectual property rights infringement. In doing so, the chapter documents a significant shift in enforcement strategy from a focus on removing problematic content (e.g., advertisements for counterfeit goods) to disabling entire websites for allegedly trafficking in counterfeit goods. The chapter argues that Internet firms have become global regulators (known as macro-intermediaries) attractive to governments and corporations for policing a wide range of social problems, including counterfeit goods. The chapter concludes that government officials from the U.S., U.K., and European Commission played a central role in pressuring Internet firms to adopt the non-binding agreements. These agreements serve strategic state interests as well as the financial interests of rights holders.

Keywords:   Governmental pressure, Non-binding agreements, Macro-intermediaries, Disabling websites, Macro-intermediaries

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