1996 Computers and Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996)

Authors

Fred Chilton
Simon Cant
Emma Moloney

Abstract

Global telecommunications are developing in the Asian and Pacific countries. These foreign companies in the telecommunications markets also encounter jurisdictional problems. First, telecommunication developments and the impact of competition on Asian and Pacific countries are examined. A change occurs as the market becomes global. Since governments are privatizing telecommunication monopolies, the governments are becoming regulators of telecommunications rather than providers. Liberalization is the process of opening telecommunication markets to competition. Also, developments in both the Asian countries of Singapore, Japan, Malaysia, India, Indonesia, Philippines, and Taiwan, and the Pacific countries of New Zealand and Australia are explored. As liberalization occurs, regulation shifts from the monopolist to legislative. Competition is needed. Thus, the legislature enacts industry legislation to regulate the market by controlling access to networks and prevents exploitation of a competitive edge. The legislative developments of New Zealand, Australia, India, Japan, Philippines, and Hong Kong are conveyed. The trend is to general-competition-law principles, instead of industry-specific regulation. This is a sign of a maturing market and convergence. Thus, the foreign developments are from a monopoly to competitive private ownership. Finally, industry developments, cellular telephones and globalization are mentioned. Second, the newest developments for the computer industry in the area of copyright are addressed. Developments such as the right to transmission to the public, the form and extent of copyright protection of interfaces, and the legality and need for reform of decompiling programs are analyzed. Third, privacy developments and the impact of such developments are explored. Recent developments have occurred in the protection of personal data and transborder data. The reform of privacy regulation is suggested. In conclusion, in order to maximize recent developments in telecommunications industries, concurrence of relevant legal and regulatory structures is needed. In addition, by governments increasing liberalization and privatization of industry, competition is the best way to guarantee low prices, innovation, efficiency, investment, and infrastructure development.

Recommended Citation

Fred Chilton, Simon Cant & Emma Moloney, 1996 Computers and Telecommunications Law Update New Developments: Asia-Pacific, 15 J. Marshall J. Computer & Info. L. 99 (1996)