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Study on Inequality regulation of the Internet service

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 68(), pp.467-495
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hyunkyung KIM 1

1서울과학기술대학교

Accredited

ABSTRACT

Recently, regulatory discrimination between domestic and foreign Internet service providers have been consistently raised. Regulation on the Internet is associated with securing regulatory jurisdiction of the state. The jurisdiction of the state is ultimately linked to the issue of whether the state can exercise its sovereignty in the cyberspace. This paper, after reviewing about the meanings of sovereignty in the cyberspace, tried to look for ways that equitable enforcement of regulations can be implemented fairly to domestic and foreign companies based on the principle of sovereignty. Since the concept of sovereignty has a function as the limit of the relationship between countries governed by assuming the independence and autonomy of each country, sweeping waiver or modification of the concept of sovereignty in the cyberspace is unrealistic. Therefore, the concept of state sovereignty is still present in the cyberspace. However, the manner in which state sovereignty is working can be modified in the cyberspace. In other words, the people of the cyberspace can not be completely free from the country also operated by state sovereignty, and state sovereignty can not be ruled out in the cyberspace. But all over the world, each country has a unique legal system and culture, having formed each different political, social and economic backgrounds, so the unified regulation on the cyberspace around the world, is not feasible. Eventually, the failure of the international consensus on Internet regulations can lead to disputes and conflicts between nations. In this conflicts, whether we are able to observe state sovereignty is a sensitive and important issue. because it may affect the phase and national pride as an independent state. The cyberspace is still the area on the sovereignty of a country, as the realization of such a sovereign, jurisdiction regarding making and enforcing regulation about cyberspace is recognized. Therefore, even if the business activity in the cyberspace is provided by the foreign operators, if it is connected to the illegal results occurred in domestic, regulatory jurisdiction over them is to be recognized for the effective enforcement of regulation. Equity in regulatory implementation shall be applied. That regulation is to be enforced without discrimination, the process can expect the voluntary compliance with the regulation through the fair competition, and it is possible to implement the consistency of regulation. However, in recent years, based on the characteristics of the cyberspace, bypassing or avoiding regulation has occurred. Also in the Internet business "the principle of the same category, the same treatment" of regulatory equity has not been kept between domestic and international carriers, and due to the regulation deterioration and unequal regulation, regulatory costs are also being used excessively. So I would like to propose three measures to implement regulatory equity based on state sovereignty over the cyberspace. First, in implementing the regulatory impact analysis, reverse discrimination factor between domestic and foreign operators need to be clearly reflected. Also in order to perform role to prevent unreasonable regulations on the Internet in advance and to substantially improve the regulation, Internet regulation governance system needs to be established. Also, if we have universal validity of the regulations and restrictions, it is necessary for domestic and international service providers to abide by such regulations without discrimination. Even if there is not the regulation in abroad, it has been recognized as a national law regulating because of its universal rationality, government enforcement of such regulations shall be strong.

Citation status

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