The role of non-state actors and institutions in the governance of new and emerging digital technologies

Mark Leiser, Andrew Murray

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

New and emergent digital technologies pose particular problems for regulators. The utility of these technologies is maximised by linking them to the Internet. Internet technology though does not respect the borders of nation states. As a result the traditional legitimacy of the Westphalian state to regulate activity within its jurisdictional borders is undermined. This has led to the development of a number of competing cyber-regulatory models that attempt to bridge the gap between traditional Westphalian governance and the new reality of the global digital space. Many of these, although not all, fit within post-Westphalian literature. Some, drawing from globalisation and post-Westphalian models, seek to identify and deploy key governance nodes. Such models identify roles for non-state actors, private corporations and supranational governance institutions. The unhappy relationship between old-world, Westphalian legal governance and new-world post-Westphalian governance is an area of continuing conflict and is the backdrop to this chapter which identifies and discusses a number of case studies in digital governance.
LanguageEnglish
Title of host publicationThe Oxford Handbook on the Law and Regulation of Technology
EditorsRoger Brownsword, Eloise Scotford, Karen Yeung
Place of PublicationOsford
Pages670-703
Number of pages34
DOIs
Publication statusPublished - 20 Jul 2017

Fingerprint

governance
Internet
role model
nation state
corporation
respect
legitimacy
globalization

Keywords

  • nodal governance
  • legitimacy
  • intermediaries
  • gatekeepers
  • private actors
  • multistakeholder gegulation
  • transnational regulation

Cite this

Leiser, M., & Murray, A. (2017). The role of non-state actors and institutions in the governance of new and emerging digital technologies. In R. Brownsword, E. Scotford, & K. Yeung (Eds.), The Oxford Handbook on the Law and Regulation of Technology (pp. 670-703). Osford. https://doi.org/10.1093/oxfordhb/9780199680832.001.0001
Leiser, Mark ; Murray, Andrew. / The role of non-state actors and institutions in the governance of new and emerging digital technologies. The Oxford Handbook on the Law and Regulation of Technology. editor / Roger Brownsword ; Eloise Scotford ; Karen Yeung. Osford, 2017. pp. 670-703
@inbook{21b03478494640ab9e353531e4a5149d,
title = "The role of non-state actors and institutions in the governance of new and emerging digital technologies",
abstract = "New and emergent digital technologies pose particular problems for regulators. The utility of these technologies is maximised by linking them to the Internet. Internet technology though does not respect the borders of nation states. As a result the traditional legitimacy of the Westphalian state to regulate activity within its jurisdictional borders is undermined. This has led to the development of a number of competing cyber-regulatory models that attempt to bridge the gap between traditional Westphalian governance and the new reality of the global digital space. Many of these, although not all, fit within post-Westphalian literature. Some, drawing from globalisation and post-Westphalian models, seek to identify and deploy key governance nodes. Such models identify roles for non-state actors, private corporations and supranational governance institutions. The unhappy relationship between old-world, Westphalian legal governance and new-world post-Westphalian governance is an area of continuing conflict and is the backdrop to this chapter which identifies and discusses a number of case studies in digital governance.",
keywords = "nodal governance, legitimacy, intermediaries, gatekeepers, private actors, multistakeholder gegulation, transnational regulation",
author = "Mark Leiser and Andrew Murray",
year = "2017",
month = "7",
day = "20",
doi = "10.1093/oxfordhb/9780199680832.001.0001",
language = "English",
isbn = "9780199680832",
pages = "670--703",
editor = "Roger Brownsword and Eloise Scotford and Karen Yeung",
booktitle = "The Oxford Handbook on the Law and Regulation of Technology",

}

Leiser, M & Murray, A 2017, The role of non-state actors and institutions in the governance of new and emerging digital technologies. in R Brownsword, E Scotford & K Yeung (eds), The Oxford Handbook on the Law and Regulation of Technology. Osford, pp. 670-703. https://doi.org/10.1093/oxfordhb/9780199680832.001.0001

The role of non-state actors and institutions in the governance of new and emerging digital technologies. / Leiser, Mark; Murray, Andrew.

The Oxford Handbook on the Law and Regulation of Technology. ed. / Roger Brownsword; Eloise Scotford; Karen Yeung. Osford, 2017. p. 670-703.

Research output: Chapter in Book/Report/Conference proceedingChapter

TY - CHAP

T1 - The role of non-state actors and institutions in the governance of new and emerging digital technologies

AU - Leiser, Mark

AU - Murray, Andrew

PY - 2017/7/20

Y1 - 2017/7/20

N2 - New and emergent digital technologies pose particular problems for regulators. The utility of these technologies is maximised by linking them to the Internet. Internet technology though does not respect the borders of nation states. As a result the traditional legitimacy of the Westphalian state to regulate activity within its jurisdictional borders is undermined. This has led to the development of a number of competing cyber-regulatory models that attempt to bridge the gap between traditional Westphalian governance and the new reality of the global digital space. Many of these, although not all, fit within post-Westphalian literature. Some, drawing from globalisation and post-Westphalian models, seek to identify and deploy key governance nodes. Such models identify roles for non-state actors, private corporations and supranational governance institutions. The unhappy relationship between old-world, Westphalian legal governance and new-world post-Westphalian governance is an area of continuing conflict and is the backdrop to this chapter which identifies and discusses a number of case studies in digital governance.

AB - New and emergent digital technologies pose particular problems for regulators. The utility of these technologies is maximised by linking them to the Internet. Internet technology though does not respect the borders of nation states. As a result the traditional legitimacy of the Westphalian state to regulate activity within its jurisdictional borders is undermined. This has led to the development of a number of competing cyber-regulatory models that attempt to bridge the gap between traditional Westphalian governance and the new reality of the global digital space. Many of these, although not all, fit within post-Westphalian literature. Some, drawing from globalisation and post-Westphalian models, seek to identify and deploy key governance nodes. Such models identify roles for non-state actors, private corporations and supranational governance institutions. The unhappy relationship between old-world, Westphalian legal governance and new-world post-Westphalian governance is an area of continuing conflict and is the backdrop to this chapter which identifies and discusses a number of case studies in digital governance.

KW - nodal governance

KW - legitimacy

KW - intermediaries

KW - gatekeepers

KW - private actors

KW - multistakeholder gegulation

KW - transnational regulation

UR - http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199680832.001.0001/oxfordhb-9780199680832

U2 - 10.1093/oxfordhb/9780199680832.001.0001

DO - 10.1093/oxfordhb/9780199680832.001.0001

M3 - Chapter

SN - 9780199680832

SP - 670

EP - 703

BT - The Oxford Handbook on the Law and Regulation of Technology

A2 - Brownsword, Roger

A2 - Scotford, Eloise

A2 - Yeung, Karen

CY - Osford

ER -

Leiser M, Murray A. The role of non-state actors and institutions in the governance of new and emerging digital technologies. In Brownsword R, Scotford E, Yeung K, editors, The Oxford Handbook on the Law and Regulation of Technology. Osford. 2017. p. 670-703 https://doi.org/10.1093/oxfordhb/9780199680832.001.0001