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2019 | Buch

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Emerging ICT Policies and Regulations

Roadmap to Digital Economies

verfasst von: Prof. Dr. V. Sridhar

Verlag: Springer Singapore

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

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Über dieses Buch

This book constructs both educational and research arguments on various dimensions of Information and Communication Technology (ICT) policy and regulation. There has been a paradigm shift in the ICT industry due to convergence of various technologies, the ubiquity of the Internet, the emergence of app economy and the pervasiveness of social media. These pose policy and regulatory challenges in the areas of industry structure, market power of firms, pricing of products and services, interconnection of networks, radio spectrum management, intellectual property rights, data privacy and security.

The common thread throughout the different sections of the book is the massive adoption of digitization by individuals, enterprises, governments and societies and the critical role of associated regulation and policy for its success.

The book addresses 13 important questions in the areas of: i) Telecom Regulation including bundling of products and services, interconnection, and radio spectrum; (ii) Internet Regulation including governance of the Internet, Net Neutrality, quality of service, and cyber security; (iii) App Economy Regulation including Over The Top communication and broadcast services, ICT platform intermediation, sharing economy, data protection and privacy; and (iv) Emerging Technology Regulation including Artificial Intelligence and Intellectual Property Rights. The book explains technology and related regulatory concepts in an easy-to-read format and includes brief case studies describing the regulatory approaches from different countries. Specific focus is given to the regulatory landscape in India surrounding these questions and the lessons for similar emerging countries.

Written in the form of contemporary questions and answers, this unique book appeals to researchers in ICT policy and regulation, regulators and policymakers, as well as students interested in the subject area.

"The book comprehensively covers the current and emerging policy and regulatory issues relating to ICT, especially as applicable to India. Further, it provides a theoretical framework for analysing each regulatory issue along with practical implications. A good reference for researchers, regulators and policy makers."

- Dr R.S. Sharma, Chairman, Telecom Regulatory Authority of India.

“This book by Professor Sridhar provides an excellent overview of the challenges that the world faces in coping with the dynamic new emerging digital technologies that affect the way we work, play and communicate with each other. As the internet and mobile telephony becomes more ubiquitous and accessible to everyone regardless of socio-economic class, ICT can be used for good or for mischief. The book lays out the issues of regulating global ICT and policies that governments should adopt to enable its productive and positive use.”

- Dr G Anand Anandalingam, Ralph J. Tyser Professor of Management Science, Robert H. Smith School of Business, University of Maryland, U.S.A.

“Using problem-centric approach successfully opens the complexity of ICT regulation to a wider audience. Through cleverly chosen topical case examples the book links the problems of Indian and international ICT markets.”

- Dr Hämmäinen Heikki, Professor, Department of Communications and Networking, Aalto University, Finland.

“Prof Sridhar is a Thought Leader in the Telecom space and I have enjoyed my interaction with him over the years. This book is an excellent compendium looking at the main regulations and policies with reference to the ICT sector. It serves as a ready reckoner for new entrants and professionals alike, providing global and local perspectives on topics that impact the growing Digital Economy.”

- P Balaji, Chief Regulatory and Corporate Affairs Officer, Vodafone Idea Limited, India

“Emerging ICT Policies and Regulations: Roadmap to Digital Economies is a must read for understanding essential questions regarding ICT Policy and Regulation as digitization develops locally and globally. With useful information on the case of India (and other countries), the book provides a clear, comprehensive, and cogent capture of relevant concepts and practices as well as emerging challenges. Powerful illustrations make concrete the nuance of regulatory approaches and provide added value for the reader.”

- Dr. Nanette S. Levinson, Professor, Internet Governance Lab, School of International Service, American University, USA,

“Reference books are usually an important source of information but they are often not very readable. I am glad to say that Prof. Sridhar has managed to produce a very-well written account of ICT regulation and policies with a focus on India, and the result is a comprehensive and interesting volume with a number of very useful chapters; many of them easily digested on their own. The book is highly recommended for members of the internet and telecommunications industries, regulators and researchers.”

- Dr Jairo Gutierrez, Professor and Deputy Head, Engineering Computer and Mathematical Sciences, Auckland University of Technology, New Zealand.

“Professor Sridhar's book provides the required regulatory theory and framework on 13 most important issues of the digital economy and provides guidance for setting policies and rules. A comprehensive reference for students and practitioners in the area of ICT regulation.”

- Dr S Sadagopan, Director and Professor, International Institute of Information Technology Bangalore, India

"Emerging ICT Policies and Regulations puts together invaluable and timely research in mapping and analysing the various issues faced by digital economy in India. Prof Sridhar has captured the most pressing issues in it, pertaining to Competition Law and Policy, Intellectual Property Rights, net neutrality, data privacy, regulating OTT services etc., not just comprehensively, but in a reader friendly way. A must read for anyone wanting to get insights on the numerous challenges involved in optimally regulating ICT driven services".

- Pradeep S Mehta, Secretary General, Consumer Unity & Trust Society International, India

“The Book is a very exhaustive and excellent collection of contemporary issues & challenges on Policy & Regulation that the Digital Economy is likely to grapple with in the coming years. The research on each of these issues which precedes the suggested outcome ( by the author ) is very comprehensive and includes detailed analysis of the pros and cons, global best practices in the area of Policy Regulation in other Regimes , how the Indian context differs from the others and therefore , how it could possibly be addressed. "

- TV Ramachandran, President, Broadband India Forum, India

“Whether it is spectrum auction or license fee; net neutrality or interconnection; cybersecurity or privacy; Sridhar peels off layers and presents underlying tensions within the fast-paced technological revolution and rather slow evolution of policy & regulation.”

- Deepak Maheshwari, Former Secretary - ISP Association of India, Co-Founder - National Internet eXchange of India, Former Chair - IEEE Internet Initiative, India.

“An encyclopedic mapping of regulatory challenges and solutions for the sector by the always insightful Prof. Sridhar. Through a single book, he provides an accessible guide to a plurality of regulations impacting the various layers of the OSI model.”

- Sunil Abraham, Executive Director, Centre for Internet & Society, India

Inhaltsverzeichnis

Frontmatter

Chapter 1. Why Regulate the ICT Sector?

Abstract

The information economy is being described as the second machine age with computing systems becoming more intelligent augmented by ubiquitous Internet connectivity (Brynjolfsson and McAfee 2014). As number of Internet users inch near the 4 Billion mark, close to 3 Million applications are available in Google Play store for download and use. More people than ever are using Wikipedia, Facebook, Google, WhatsApp, and Instagram and spending billions of hours browsing, chatting, commenting, and forwarding digital messages. These digital goods and services create large consumer surplus through reduced search times, bridging information asymmetries, removing intermediaries, enabling collaborative projects, and so on. However, recent episodes on data leakage and breaches by various Internet companies have prompted regulators and policymakers worldwide to prescribe code of conduct in an ever-evolving technology landscape. In this first chapter of the book, we illustrate the basic tenets of regulation and we try to provide answers to the following questions:

What conditions of the market and industry require regulatory intervention?
Why is it that telecommunications have been a highly regulated industry for quite some time in almost all countries?
What are the general regulatory principles as applicable to this sector?

V. Sridhar

Chapter 2. What Is the Effect of Bundling in Telecom?

Abstract

Bundling is a pricing and marketing strategy by firms that combine products or services together in order to sell them as a single combined unit for a special price. Bundling allows the convenient purchase of several related products and/or services from one firm. Bundling is a strategy used by wireline providers to combine their voice and broadband service offerings; by mobile operators to provide one-stop shopping for handsets and their mobile services; and by broadcasters to provide a bouquet of their channels. However, bundling may have anticompetitive and anticonsumer consequences such as firms’ leveraging their dominant position in one product to subvert competition in another product; engaging in predatory pricing; not being transparent in providing the information on bundles to consumers, to name a few. In this chapter, specific cases of bundling in the telecom domain are discussed. The difference between wholesale and retail bundling is described. The corresponding regulatory implications and possible interventions are detailed out. Specific questions that are addressed in this chapter are as follows:

What is bundling in telecom and how does it affect competition?
What are the regulatory interventions needed to handle bundling?

V. Sridhar

Chapter 3. Interconnection Charges Regulation: How Is Telecom Different from the Internet?

Abstract

Interconnection is one of the important characteristics that define the network effect of the telecom industry. Interconnection between networks using standardized technical interfaces enables telephone calls to originate and terminate across networks spanning geographies and service providers. However, there are contentions between telecom operators on charges levied for traffic that spans across networks. Further, with technologies enabling VoIP and Internet Telephony, calls span across the Internet and the traditional telecom networks (e.g. PSTN/PLMN). Though the technical interfaces have been standardized, there are commercial issues on interconnection that needs to be addressed with regulatory guidance. This chapter provides a taxonomy of interconnection charges and discusses the different types of charges, especially the mobile termination charges and international settlement charges in detail. The chapter also highlights how the advances in technologies such as Internet Telephony, VoLTE, RCS and WebRTC continue to pose interesting regulatory questions as follows:

What should be the regulatory basis for interconnection charges, especially termination charges?
Should the interconnection charges regime be applicable for Internet-based communication providers as well?
What are the regulatory aspects for international call charges?

V. Sridhar

Chapter 4. Spectrum Regulation: Case of V-Band

Abstract

Radio spectrum which is a scarce resource is a necessity for mobile communication services. World over, the licensed telecommunication service providers are assigned spectrum using different methodologies for their exclusive use. There have been varied approaches for optimally utilizing spectrum, including auction methods for allocation; allowing unused or underutilized spectrum to be traded and/or shared; and complementing licensed spectrum with unlicensed spectrum. The unlicensed spectrum used in a shared mode formed the basis of the success of Wi-Fi networks. Though the licensed and unlicensed spectra have been treated and used very differently, the 60 GHz band (also called as V-band) possesses interesting properties of both and hence forms the basis of this chapter. Specifically, in this chapter, we delve into the following questions:

How should spectrum be assigned? What type of methodology is appropriate?
Should assignment and pricing for access be different from backhaul spectrum?
What are the regulatory issues in V-Band?

V. Sridhar

Chapter 5. Intellectual Property or Creative Commons?

Abstract

Intellectual Property Rights (IPR) are one of the arsenals of the ICT firms to attain competitive advantage. About 250,000 patents have been granted by the US Patent and Trademark office to just 5 ICT firms (IBM, Cisco, Microsoft, Google, and Apple). Software has been traditionally copyrighted and the accompanying exclusive rights created near monopolies such as Microsoft and Apple in the ICT space. However, there are movements such as Free and Open-Source Software, Copyright and patent commons have disrupted the IPR regime and have created compulsively newer methods of nurturing creativity and innovation. This chapter will address the following questions, in the ever-evolving field of IPR.

Should the IP policies encourage patenting?
How can market power of patent holder be regulated?
Should software programs be allowed to be patented?
What should be the policies regarding integration of IPR and standardization?

V. Sridhar

Chapter 6. Who Governs the Internet?

Abstract

The Internet, started as a defense network in the USA has grown to encompass the daily lives of individuals, businesses, academia, government, civil society organizations, NGOs alike across countries and demographics. The Internet stands for globalization, democracy, equity, and non-discrimination. Though the uses of the Internet have changed over the years, these basic tenets of the Internet have been largely upheld, due to the technologies and the governance mechanisms. Although the birth of the Internet and associated technical standards have the roots in the USA, the Internet has become a global phenomenon, touching the daily lives of billions of netizens worldwide. As the penetration of the Internet grew outside the USA, there was a need for global participation in the governance of the Internet. Dominance of English as the language of the Internet content also has changed both in creation and adoption, necessitating the inclusion of non-English language constructs in the architecture of the Internet. In this chapter, we explore the following questions:

Who governs the Internet? How has the governance of the Internet changed over the years?
How do important functions such as domain name administration and integration work for the appropriate functioning of the Internet?
How are non-English languages incorporated in the architecture of the Internet, thus making the access and content of the Internet accessible for non-English-speaking population?

V. Sridhar

Chapter 7. What Are the Nuances of Net Neutrality?

Abstract

Since the coining of the term “Net Neutrality” by Tim Wu way back in 2003 Net Neutrality has been one of the hotly debated regulatory issue across the world. Country regulators have taken varied positions in defining net neutrality, with some such as the Federal Communications Commission in the USA even reversing its net neutrality policies. There are still gray areas in enforcing and implementing net neutrality rules. The Indian regulator tilted more toward pure net neutrality, despite lobbying against the same by the telcos and ISPs. However, in the USA, net neutrality regulations have swayed from pure to “no” net neutrality.

V. Sridhar

Chapter 8. Quality of Service: An Enigma!

Abstract

While India’s “Digital India” program is trying to usher in a digitally empowered society, Quality of Service (QoS) of the vital telecom and Internet infrastructure that powers digitization has received little attention. While India relies predominantly on wireless data services, the burgeoning demand for more data and better services is indeed becoming a challenge. According to Nokia India Mobile Broadband Index 2017, total data payload in Indian telecom network grew 60% over the last year to reach 165 peta bytes. Despite the high indices on consumption, India is ranked 89 among 100 countries on average mobile Internet connection speed at 4.9 Mbps compared to other Asia Pacific countries such as Sri Lanka (6.9 Mbps) and Thailand (8.6 Mbps), as per Akamai State of the Internet 2017 report. As in any developing countries, inadequate radio spectrum allocation, poor backhaul, and high-capacity optic fiber connectivity, poor right of way conditions, have resulted in poor QoS of broadband services in the country. There are also problems with spam calls and message that affect the experience of the users (Sridhar et al. 2017). Taking into account all these, the chapter tries to answer the following questions:

What are the QoS parameters especially with respect to broadband services?
How do we measure and enforce QoS norms on the service providers?
How can pesky calls and messages that affect the experience of users be controlled—both through technological and regulatory interventions?

V. Sridhar

Chapter 9. Cyber Security: A Two-Edged Sword!

Abstract

Security of cyber infrastructure and systems is becoming more important today than ever before due to extensive digitization of all aspects of our life. Protecting against cybercrime, cyber warfare, cyber fraud, and cyber theft are of utmost importance to individuals, societies, businesses, and governments at various levels. As cyber incidents proliferate, privacy of individuals, business methods, and processes including intellectual properties and government sovereignty are being threatened. The human is the greatest vulnerability in any organization. In this era of persistent cyber threats, an organization will be secure only with the active participation of everyone (NIST 2018). In this chapter, we will try to provide an overview of all aspects of cyber security at various levels including protection of individuals, businesses, and the states. Specifically, we will try to answer the following questions:

What are the different aspects of cyber security? How do cyber incidents affect individuals, businesses, and governments?
What precautionary measures should be taken at various levels to minimize harm due to cyber security incidents?
What are the extant laws and regulations that we have enacted to protect individuals and businesses, with specific references to India?

V. Sridhar

Chapter 10. Should Digital Platforms Be Regulated; If So How?

Abstract

World is witnessing exponential growth of IT-enabled digital platforms that are disrupting the traditional businesses in areas such as education, e-commerce, healthcare, hospitality, and transport. Many start-ups that use digital platforms and associated markets to provide products and services have become unicorns with sky-high valuations. These platforms have also changed the traditional economy to gig economy, thus providing on-demand services through on-demand labor. The technology firms that offer digital platform-based services have so far avoided regulatory scrutiny of their business processes and methods due to their innovation, superior, and evolving technologies and associated economic benefits they create. In this chapter, we will examine closely the characteristics of such digital platforms and try to answer the following questions:

Should digital platforms such as cab aggregators and e-commerce firms be regulated? If so, should extant regulatory guidelines be applicable?
Are there any regulatory arbitrage that the digital platforms firms have, and if so, should there be a level playing field?
How can regulation keep pace with the evolving nature of business and technologies of these digital platforms?

V. Sridhar

Chapter 11. Over-the-Top (OTT) Services—Should They Be Regulated Much like Telecom Services?

Abstract

Over-the-top (OTT) services as they are called are communication and broadcasting services rendered over the Internet. In recent times, OTT services have become ubiquitous thanks to the underlying broadband services provided by the telecom and Internet service providers. However, OTT services sometimes complement and other times substitute the traditional telecom and broadcasting services offered by the incumbent licensed operators. These OTT services offered over the ubiquitous Internet are challenging to the regulators as the underlying technology continues to evolve at much faster pace. While telcos lobby for the regulation of OTT services on grounds of level playing field, the OTT service providers resist as their service is innovative and in the spirits of the free Internet. In this chapter, we try to address the following questions with reference to OTT services:

Should OTT services be regulated?
Should there be level playing field between telecom operators/broadcasting service providers and OTT service providers?

V. Sridhar

Chapter 12. What Are the Privacy Issues Over Data Collected by the Internet and Telecom Firms?

Abstract

Privacy of individuals has been the subject of enquiry for philosophers, social scientists, and economists for a long time. However, recently digital technologies have enabled data collection, processing, and distribution at large scales. Accordingly the Internet and Telecom firms have been collecting user data, processing them and disseminating them often with an implicit consent or not even informing the users of the various uses of such data collected. World over, regulators who have been lenient on Internet companies to nurture innovation and entrepreneurship have started enacting policies that curb inappropriate use of personal data. In this chapter, we try to answer the following questions regarding privacy.

V. Sridhar

Chapter 13. Regulation of Machine Intelligence

Abstract

Artificial intelligence (AI) has come a long way since the term was coined by Professor John McCarthy at the famous Dartmouth conference in 1956. Ardent work by scientists and engineers, combined with unprecedented technological evolution, has started spawning many applications of practical importance. The objective of AI is to identify problems and then create an appropriate algorithm to solve them. AI keeps learning from big data, as a raw material, for decision making, now that it is abundantly available, thanks to digitization of every aspect of our lives. However, there has been a large debate around the ethical harvesting, preserving privacy while analyzing big data, secure and safe systems that protect human dignity are some of the questions that need to be answered, and if required regulated. Specifically, we will try to address the following questions:

How does machine intelligence positively and negatively affect individuals and societies?
What should be the basic characteristics of autonomous systems? Should they be regulated? If so how?

V. Sridhar

Backmatter

Titel: Emerging ICT Policies and Regulations
verfasst von: Prof. Dr. V. Sridhar
Verlag: Springer Singapore
Electronic ISBN: 978-981-329-022-8
Print ISBN: 978-981-329-021-1
DOI: https://doi.org/10.1007/978-981-32-9022-8

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