[governance] regulating the digital space - whose laws apply, and whose do not

[Riaz K Tayob]

I think it is important that the issue of pharmaceuticals regulation on 
the internet be treated with caution - there the issue is being used 
along with efforts by BigPharma to prevent parallel importation (and not 
consumer protection).

And regarding choice of laws, I am not convinced that it is as easily 
resolvable as all that.

As Nader in the US has pointed out, why is it we accept contractual 
terms set in fine print etc for regulation of most of our arrangements - 
and many of these terms contract out of consumer protection or benefits 
that the law would provide (example waivers etc). But in common law 
(roman dutch jurisdictions) contractual liability can attach, 
notwithstanding claims of choice of laws in some cases, where the 
contract was entered into, where either party resides, and where there 
is a the possibility of not rendering an empty verdict (like getting a 
judgement and then seeking enforcement of that judgement in a foreign 
jurisdiction). While contractual claims may be difficult, it is the 
violation of "fair contracting" terms that (consumer protection) etc 
that makes liability issues a global concern. And hence something that 
puts poorer countries at disadvantage.

Riaz

On 2011/08/27 01:13 AM, Roland Perry wrote:
> In message <4E5795FF.5080606 at digsys.bg>, at 15:47:59 on Fri, 26 Aug 
> 2011, Daniel Kalchev <daniel at digsys.bg> writes
>> According to the 'government rule' opinion, that country's government 
>> should be able to sue Google and/or the "Canadian" drug sellers for 
>> breaching their national laws. Has this ever happened? There are lots 
>> of things, that Internet makes accessible to anyone, including people 
>> whose local government has decided they are not entitled to it.
>> What typically happens is it is the consumer that gets beaten for not 
>> assisting the law.
>
> Pharmaceuticals are an interesting case because what's normally being 
> regulated is the ability to prescribe them, not the consumption.
>
> Therefore, there are some pharmaceuticals which are available "over 
> the counter" in some countries, but a Doctor's prescription is 
> required in other countries. Similarly there are certain 
> pharmaceuticals which are available by Doctor's prescription in some 
> countries, but only if you are on a clinical trial in other countries 
> (where the regulator has not yet determined that they are safe to use).
>
> If the medical community, which is relatively joined-up worldwide, has 
> not been able to harmonise these things yet, I'm not sure that those 
> of us in the Internet Governance space can do much to help.
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