Internet Governance by Contract

Abstract

Abstract The book is concerned with the following issues: (i) what is the role of contract in governance of the Internet; (ii) why does contract play that role; and (iii) what is its utility and legitimacy in doing so? In casting light on these issues, the book also describes the general role played by statute in Internet governance along with the reasons for that role. The book shows that contract is often preferred over statute because it enables flexible micro-management of the digital environment more easily than statute does. However, the book also shows that the relative roles played by each type of instrument are fluid and that statute is assuming an increasingly salient position in particular contexts. At the same time, the book queries some of the assumptions commonly made about the utility and legitimacy of contract. In particular, it highlights strong hierarchical elements in many of the contractual relations in the field—elements that manifest and engender strong power imbalances. Despite these power imbalances, the book finds that there are slim prospects for introducing any new international statutory overlay that dramatically reduces the role of contract in the field.

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