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.
Engines, the new bottleneck for content acccess, Paper
presented at the International Telecommunications Society
19th European Regional Conference, 2-5 September 2007,
van Eijk & K. Maniadaki,
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,
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,
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.
Milestones in Online Self-Regulation’, Computer
und Recht International, 2002-3, p. 93-94
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.
Future Internet Developments’, Computer und Recht
International, 2002-1, p. 31
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.
to technical bottleneck facilities: the new European
approach’, Communicaties & Strategies
2002-2, p. 33.
of Naftel, M. & Spiwak, L.J., The Telecoms Trade
War (Oxford: Hart, 2000)’, Digital Technology
Law Journal 2001, Vol. 3:1.
on the use of conditional access systems for reasons other
than the protection of remuneration, to examine the legal
and the economic implications within the Internal Market
and the need of introducing specific legal protection,
Report presented to the European Commission by N.
Helberger & N.A.N.M.
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.
Sitompoel, F. Tonkens, N.A.N.M.
van Eijk & E.J.
of numbers and domain names (
van nummers en domeinnamen), summary in English, ITeR-series,
J. Koelman, & Rosa
Liability in the E-commerce Directive: So Far, So Good,
But It’s Not Enough’ (draft), the final version
has been published in Computer
Law & Security Report 2000-4, p. 231-239.
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.
A.N.M. van Eijk,
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
J. Koelman & P.
Intermediary Liability for Copyright Infringement',
report to WIPO.
for Online Intermediaries, report to IMPRIMATUR,
A.N.M. van Eijk,
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.
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.