Abstract
ABSTRACT ‘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 be regulated 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 all-encompassed 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 core measures of the electronic communications regulatory framework, along with a set of principles i.e. transparency, fairness, accountability and corresponding remedies.
Highlights
‘Interoperability’ means the ability for two different and independent information and communication technology (ICT) systems to exchange information and use that information
It is concluded that a layered regulatory model can respond to the ICT interdependent layers, as peculiarities of both the cloud and the Internet of Things (IoT) architectures are allencompassed by such a model
It is considered that a bottom-up, ex-ante and holistic approach developed under the layered regulatory model could address wide-ranging gatekeeping activities, responding competition concerns and techno-social concerns, which constitute the main thread of ICT interoperability and accompanying problems
Summary
‘Interoperability’ means the ability for two different and ICT systems to exchange information and use that information. Interoperability is crucial for running ICT networks and services, serving as a central thread for meeting the ICT-inclusive needs of the society. Whereas the former focuses on consumer welfare from the perspective of competition law and policy, the latter entails discriminatory, biased and non-ethical layer activities, often being represented by AI-driven manipulations At this point, this study suggests ‘gatekeeping’ finds its true and widest meaning under the proposed model whereby AI-based manipulations that affect consumer behaviours and decisions are encompassed and addressed alongside other restrictions over interoperability, i.e. based on exploitation of IPRs and technological protection measures (TPMs).. By reinvigorating ‘gatekeeping’ along with ‘layering’ it is considered the ‘layered regulatory model’ can effectively deal with broadly minded concerns surrounding ICT interoperability, including the AI algorithms that are biased, discriminatory or unfairly selective To ensure such activities run over these algorithms as well as other interoperability restrictions are addressed, a bottom-up perspective is upheld ending up an overarching legal framework within which it is proposed the core measures of the ECRF be replaced with a set of principles and corresponding remedies. These legal frameworks are examined with a view to investigate whether the existing legal system can cope with the lack of ICT interoperability and related competition and techno-social concerns
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