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Internet Governance by Contract$
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Lee A. Bygrave

Print publication date: 2015

Print ISBN-13: 9780199687343

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780199687343.001.0001

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Contractual Freedom and Statute

Contractual Freedom and Statute

(p.104) 6 Contractual Freedom and Statute
Internet Governance by Contract

Lee A Bygrave

Oxford University Press

The chapter examines the impact of statute on Internet governance by contract. It first provides examples of Internet-related matters that have been the subject of intensive statutory regulation, focusing upon relevant international agreements. It then examines several areas in which statutory norms are in tension with the ability of contracting parties to determine freely the terms and conditions of their contractual arrangement. In doing so, it highlights possible shifts in power between contractual freedom and statute. Finally, the chapter considers the prospects for introducing a new international statutory overlay that dramatically reduces the role of contract in the field.

Keywords:   electronic communications law, internet access as human right, intellectual property rights, cybercrime, information security, data privacy, International Telecommunications Union, framework treaty

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