[governance] RE: reality check on economics

Milton L Mueller mueller at syr.edu
Fri May 18 12:51:19 EDT 2012



> -----Original Message-----
> 
> Monopolies aren't the only firms who act against the global public interest(s),
> so too do run-of-the-mill firms in a competitive market. 

Typically, a competitive market means that consumers can avoid or punish such firms by abandoning them because of their bad practices. 
Of course, theft and fraud require punitive action regardless of whether the market in question is competitive, but in 99% of all cases, unless there is market power or monopoly, the case for governmental action is very weak indeed. Moreover, I do not see run-of-the-mill firms and run of the mill consumer protection issues being targeted in these sweeping statements calling for "democratic" governance of the internet - I see specific leading companies being called monopolies. 

> Other regulation such as consumer
> protection law is also needed, and this is often ineffective in cross-border
> commerce. Moreover, consumer law in some jurisdictions is quite lax - and I
> would have to include the US here. For example, the use of lengthy and
> legalistic terms and conditions that detract from consumer rights is rife
> online, and this is something that US law explicitly allows. In other

Indeed, that is a continuing point of controversy. But there is an additional burden of proof: at what political level is it best to alter such things? 
There is a robust culture and tradition of consumer activism in the US. What makes you think consumers will get a better deal at a global level? 

> jurisdictions, there is regulation of unfair contract terms, recognising the
> fictitious nature of freedom of contract between consumers and large firms.
> But the dominance of US online businesses effectively trumps these
> protections elsewhere in the world.

But if these markets are competitive then no one is requiring consumers to use those online businesses, no? So we are back to the problem of monopoly

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