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

Roland Perry roland at internetpolicyagency.com
Sat Aug 27 10:03:35 EDT 2011


In message <4E58AA6C.7090608 at gmail.com>, at 11:27:24 on Sat, 27 Aug 
2011, Riaz K Tayob <riaz.tayob at gmail.com> writes
>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).

There are trade barriers in many industries, which pre-date the arrival 
of the Internet. But the Internet allows us more easily to research 
where to purchase items which will have the least barrier to importation 
to our countries.

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

Because items have to pass through national customs posts, it's the 
local laws which apply.

>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).

That also depends on the jurisdiction. In the UK there are several 
circumstances where laws prohibit contracts from waiving your legal 
rights.
-- 
Roland Perry
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