[bestbits] Move to regulate skype and whatsup in India.

[Michael Gurstein]

And this from another political direction...

http://nypost.com/2015/03/28/google-controls-what-we-buy-the-news-we-read-and-obamas-policies/

M

-----Original Message-----
From: bestbits-request at lists.bestbits.net [mailto:bestbits-request at lists.bestbits.net] On Behalf Of Amelia Andersdotter
Sent: March 29, 2015 1:04 PM
To: bestbits at lists.bestbits.net
Subject: Re: [bestbits] Move to regulate skype and whatsup in India.

On 03/29/15 20:54, rysiek wrote:
> Dnia niedziela, 29 marca 2015 14:01:59 Sivasubramanian M pisze:
>> Hello,
>>
>> http://indianexpress.com/article/technology/social/trai-seeks-to-regu
>> late-ot t-players-like-skype-viber-whatsapp-and-google-talk/
>>
>> On similar proposals in other countries,  how did the Internet user respond?
> This is a tricky question.
>
> On one hand government regulation of such services raise valid 
> concerns (David Cameron's idea to ban strong encryyption comes to mind).
>
> On the other, some of these services are a de facto infrastructure 
> these days, and have huge power over users and businesses, due to the Network Effect:
> http://rys.io/en/131
>
> So I am slowly leaning towards actually promoting the idea we need 
> *some* level of regulation of *huge* walled gardens. The question is, 
> what exactly, and how exactly, we're to regulate.

There is much insightful guidance to be got from competition law in this field, I think.

The European Commission merger cases SYBASE/SAP, Google/Motorola and Google/Doubleclick were particularly helpful to me. The Commission recently decided to start a larger sectoral inquiry into electronic services. http://europa.eu/rapid/press-release_IP-15-4701_en.htm

Although the results will be a couple of years, I would propose pushing for similar inquiries in your jurisdictions. It is not clear that OTT providers require the same kind of regulation as for instance telecoms operators do. Product liability and the exemption of these actors from consumer rights legislation (services vs products) is likely to be a bigger deal than a lack of sectoral regulation. At least in Germany and Sweden, consumer groups are taking an increasing interest in these issues.

best regards,

Amelia

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