Publication Type

Conference Paper

Publication Date

11-2013

Abstract

Existing e-commerce regulations constitute a premature and unnecessary interference in the natural evolution of commercial practices and technologies. I question not just their quality, mainly attributable to the technological ignorance of the regulator, but their very necessity. I observe the practical futility of drafting effective regulatory instruments in areas subject to continuous and unpredictable technological change. I criticize the overly homogenous approach to "everything Internet" (i.e. everything involving the Internet requires new law) as well as the creation of new regulatory spheres and legal categories. Some might claim that it is too early for a critical retrospective of this subject. Despite its relative "youth," however, the "law of e-commerce" has developed a set of orthodox approaches. It is therefore not too early to present some heterodox views, especially given the largely unsuccessful regulatory activity in the European Union. Not just technologies but also theories about the Internet can become obsolete within a short period of time and should therefore be subject to constant revision.

Discipline

Internet Law | Science and Technology Law

Publication

First International Conference on Technologies and Law

City or Country

Porto, Portugal

Comments

This work is an extended version of a paper of the same name, presented at the First International Conference on Technologies and Law, 8 & 9 November 2013 in Porto, Portugal; published in the conference proceedings; I. Portela, et al eds., 2013 Polytechnic Institute of Cávado and Ave, Barcelos.

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