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Threading the needle from ‘interoperability’ to ‘gatekeeping’: quest for a layered model

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@article{55605ec6ac73458f877d63fda57faecd,
title = "Threading the needle from {\textquoteleft}interoperability{\textquoteright} to {\textquoteleft}gatekeeping{\textquoteright}: quest for a layered model",
abstract = "{\textquoteleft}Interoperability{\textquoteright} means the ability for two different and independent information and communication technology (ICT)systems to exchange information and use that information. Whether or to what extent ICT interoperability needs to beregulated vis-a-vis the new technological challenges, poses a compelling question for the law and policy makers. Given this overarching question, this study first attempts to evaluate the issue from a multidisciplinary legal viewpoint and secondly examines the architectural settings of cloud computing and the Internet of Things (IoT). It is concluded that a layered regulatory model can respond to the ICT interdependent layers, as peculiarities of both the cloud and the IoT architectures are allencompassed by such a model. It is also considered that a bottom-up, ex-ante and holistic approach developed under the layered regulatory model could address wide-ranging gatekeeping activities, responding not only competition concerns but also techno-social concerns, which constitute the main thread of ICT interoperability and accompanying problems. Finally, it is proposed this model can be transposed into the EU law, and to that end, it is suggested that the model replace the coremeasures of the electronic communications regulatoryframework, along with a set of principles i.e. transparency,fairness, accountability and corresponding remedies.",
keywords = "Interoperability, gatekeeping, layering",
author = "Unver, {Mehmet Bilal}",
note = "Publisher Copyright: {\textcopyright} 2021 Informa UK Limited, trading as Taylor & Francis Group.",
year = "2021",
month = aug,
day = "17",
doi = "10.1080/13600869.2021.1964916",
language = "English",
pages = "1--28",
journal = "International Review of Law, Computers & Technology",
issn = "1360-0869",
publisher = "Routledge",

}

RIS

TY - JOUR

T1 - Threading the needle from ‘interoperability’ to ‘gatekeeping’: quest for a layered model

AU - Unver, Mehmet Bilal

N1 - Publisher Copyright: © 2021 Informa UK Limited, trading as Taylor & Francis Group.

PY - 2021/8/17

Y1 - 2021/8/17

N2 - ‘Interoperability’ means the ability for two different and independent information and communication technology (ICT)systems to exchange information and use that information. Whether or to what extent ICT interoperability needs to beregulated vis-a-vis the new technological challenges, poses a compelling question for the law and policy makers. Given this overarching question, this study first attempts to evaluate the issue from a multidisciplinary legal viewpoint and secondly examines the architectural settings of cloud computing and the Internet of Things (IoT). It is concluded that a layered regulatory model can respond to the ICT interdependent layers, as peculiarities of both the cloud and the IoT architectures are allencompassed by such a model. It is also considered that a bottom-up, ex-ante and holistic approach developed under the layered regulatory model could address wide-ranging gatekeeping activities, responding not only competition concerns but also techno-social concerns, which constitute the main thread of ICT interoperability and accompanying problems. Finally, it is proposed this model can be transposed into the EU law, and to that end, it is suggested that the model replace the coremeasures of the electronic communications regulatoryframework, along with a set of principles i.e. transparency,fairness, accountability and corresponding remedies.

AB - ‘Interoperability’ means the ability for two different and independent information and communication technology (ICT)systems to exchange information and use that information. Whether or to what extent ICT interoperability needs to beregulated vis-a-vis the new technological challenges, poses a compelling question for the law and policy makers. Given this overarching question, this study first attempts to evaluate the issue from a multidisciplinary legal viewpoint and secondly examines the architectural settings of cloud computing and the Internet of Things (IoT). It is concluded that a layered regulatory model can respond to the ICT interdependent layers, as peculiarities of both the cloud and the IoT architectures are allencompassed by such a model. It is also considered that a bottom-up, ex-ante and holistic approach developed under the layered regulatory model could address wide-ranging gatekeeping activities, responding not only competition concerns but also techno-social concerns, which constitute the main thread of ICT interoperability and accompanying problems. Finally, it is proposed this model can be transposed into the EU law, and to that end, it is suggested that the model replace the coremeasures of the electronic communications regulatoryframework, along with a set of principles i.e. transparency,fairness, accountability and corresponding remedies.

KW - Interoperability

KW - gatekeeping

KW - layering

UR - http://www.scopus.com/inward/record.url?scp=85112735749&partnerID=8YFLogxK

U2 - 10.1080/13600869.2021.1964916

DO - 10.1080/13600869.2021.1964916

M3 - Article

SP - 1

EP - 28

JO - International Review of Law, Computers & Technology

JF - International Review of Law, Computers & Technology

SN - 1360-0869

ER -