Search Engines, the New bottleneck for Content Access, in: B. Preissl, J. Haucap & P. Curwen (eds.), Telecommunication Markets, Drivers and Impediments, London: Springer, 2009, p. 141-157.

The core function of a search engine is to make content and sources of information easily accessible (although the search results themselves may actually include parts of the underlying information). In an environment with unlimited amounts of information available on open platforms such as the internet, the availability or accessibility of content is no longer a major issue. The real question is how to find the information. Search engines are becoming the most important gateway used to find content: research shows that the average user considers them to be the most important intermediary in their search for content. They also believe that search engines are reliable. The high social impact of search engines is now evident. This contribution discusses the functionality of search engines and their underlying business model - which is changing to include the aggregation of content as well as access to it, hence making search engines a new player on the content market. The biased structure of and manipulation by search engines is also explored. The regulatory environment is assessed - at present, search engines largely fall outside the scope of (tele)communications regulation - and possible remedies are proposed.

24.06.2009

N.A.N.M. van Eijk, Search Engines, the new bottleneck for content acccess, Paper presented at the International Telecommunications Society 19th European Regional Conference, 2-5 September 2007, Istanbul, Turkey.

01.11.2007

N.A.N.M. van Eijk & K. Maniadaki, Institutional Aspects of Internet Governance, in: C. Moeller & A. Amouroux (eds.), Governing the Internet - Freedom and Regulation in the OSCE Region, Vienna: OSCE Representative on Freedom of the Media, 2007, p. 67-87.

08.08.2007

N. Helberger, Refusal to Serve Consumers because of their Nationality or Residence - Distortions in the Internal Market for E-commerce Transactions?, Briefing Note, European Parliament's Committee on Internal Market and Consumer Protection, January 2007.

Technological progress and the internet bring the promise of an Internal Market for electronic services closer than ever into the reach of Europe's citizens. Yet, while European and national policies are committed to removing government-made obstacles to the free movement of services, some e-commerce businesses use technology to actually re-introduce territorial barriers. The goal of this briefing paper is to provide a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine whether territorial differentiation can result in a serious distortion of the Internal Market and to make recommendations what measures should be taken to remove barriers that prevent consumers from buying goods and services on-line throughout the Internal Market.

20.03.2007

This article describes two significant developments concerning self-regulation of the Internet in Ireland: (i) the adoption by the Internet Service Providers Association of Ireland of its first Code of Practice and Ethics, and (ii) the publication of the first major report by the Irish (child pornography) hotline service.

Published 30.09.2003

This article provides an overview of a public consultation process on the future development of the Internet in Ireland which was carried out by the relevant Irish regulatory authority. The focus of the consultation embraced online communications services; access and consumer issues.

Published 30.09.2003

Published 19.09.2002

Published 08.11.2001

The study offers an analysis of the use of conditional access systems for other reasons than the protection of remuneration interests. The report also examines the need to provide for additional legal protection by means of a Community initiative, such as a possible extension of the Conditional Access Directive. The report will give a legal and economic analysis of the most important non-remuneration reasons to use conditional access (CA), examine whether services based on conditional access for these reasons are endangered by piracy activities, to what extent existing legislation in the Member States provides for sufficient protection, and what the possible impact of the use of conditional access is on the Internal Market. Furthermore, the study analysis the specific legislation outside the European Union, notably in Australia, Canada, Japan and the US, as well as the relevant international rules at the level of the EC, WIPO and the Council of Europe.

Published 06.08.2001

N. Sitompoel, F. Tonkens, N.A.N.M. van Eijk & E.J. Dommering, (Self)regulation of numbers and domain names ( (Zelf)regulering van nummers en domeinnamen), summary in English, ITeR-series, April 2000.

Published 06.04.2001

The E-Commerce Directive establishes a regime for online intermediary liability. However, certain aspects of the Directive may force intermediaries, in particular host service providers, to indiscriminately take down content, even if it is extremely doubtful that the material is in fact unlawful or illegal. This piece investigates these flaws of the Directive’s liability limitations that may unduly hinder freedom of information and fair competition. Additionally, possible solutions to these drawbacks are explored.

Published 15.05.2000

Nico A.N.M. van Eijk, 'Broadband Services and Local Loop Unbundling in the Netherlands', IEEE Communications Magazine October 1999, p. 2-5.

The article describes the availability of broadband services in the Netherlands. This particularly concerns broadband services for the consumer/end user such as access to Internet.

Published 26.01.2000

Kamiel J. Koelman & P. Bernt Hugenholtz, 'Online Intermediary Liability for Copyright Infringement', report to WIPO.

Published 22.11.1999

Published 14.12.1998

Nico A.N.M. van Eijk, 'Cable television networks in Europe', in: Santiago Muñoz Machado/Rafael de Lorenzo (red.), Derecho Europea del audiovisual, actas del congreso organizado por la asociación europea de derecho del audiovisual, Madrid/Sevilla: 1997, p. 1073-1079.

In October 1995, the European Commission adopted a directive to allow the carriage of all liberalized telecommunications services on cable TV networks as from 1 January 1996. By adopting this directive, the European Commission aims to foster competition and new initiatives in the telecommunications field. This article addresses the enforcement and content of the Commission's directive.

Published 08.04.1998

P. Bernt Hugenholtz, ‘Adapting copyright to the information superhighway’, in: P.B. Hugenholtz (red.), The future of copyright in a digital environment. Proceedings of the Royal Academy Colloquium organised by the Royal Netherlands Academy of Sciences (KNAW) and the Institute for Information Law (Amsterdam 6-7 July 1995), Den Haag: Kluwer Law International 1996, p. 81-102.

Published 07.09.1999

Updated 03.07.2012