Law and the Sharing Economy : Regulating Online Market Platforms /
edited by Derek McKee, Finn Makela, and Teresa Scassa in collaboration with Sabrina Tremblay-Huet.
- Ottawa, ON : University of Ottawa Press, 2018.
- 422 p. : ill. ; 25 cm.
- PUO - Publications en libre accès UOP - Open Access Publications .
Includes bibliographical references and index.
"Controversy shrouds sharing economy platforms. It stems partially from the platforms' economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of "unfair competition" as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis." (Publisher's Website)
TABLE OF CONTENTS Introduction: The “Sharing Economy” through the Lens of Law
/ Finn Makela, Derek McKee, and Teresa Scassa Part I: Technologies of Regulation 1. Peer Platform Markets and Licensing Regimes 2. The False Promise of the Sharing Economy 3. The Fast to the Furious / Derek McKee / Harry Arthurs / Nofar Sheffi Part II: Regulating Technology 4. The Normative Ecology of Disruptive Technology 5. Information Law in the Platform Economy: Ownership, Control, and Reuse of Platform Data / Vincent Gautrais / Teresa Scassa Part III: The Space Of Regulation—Local To Global 6. Urban Cowboy E-Capitalism Meets Dysfunctional Municipal Policy-Making: What the Uber Story Tells Us about Canadian Local Governance 7. The Sharing Economy and Trade Agreements: The Challenge to Domestic Regulation / Mariana Valverde / Michael Geist Part IV: Regulating Markets 8. Should Licence Plate Owners Be Compensated when Uber Comes to Town? 9. Competition Law and Policy Issues in the Sharing Economy / Eran Kaplinsky / Francesco Ducci Part V: Regulating Labour 10. The Legal Framework for Digital Platform Work: The French Experience 11. Uber and the Unmaking and Remaking of Taxi Capitalisms: Technology, Law, and Resistance in Historical Perspective 12. Making Sense of the Public Discourse on Airbnb and Labour: What about Labour Rights? / Marie-Cécile Escande-Varniol / Eric Tucker Sabrina Tremblay-Huet About the Contributors
9780776627519 (pbk)
20189034963
Technology and law.
Cooperation--Law and legislation.
Labor laws and legislation.
Includes bibliographical references and index.
"Controversy shrouds sharing economy platforms. It stems partially from the platforms' economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of "unfair competition" as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis." (Publisher's Website)
TABLE OF CONTENTS Introduction: The “Sharing Economy” through the Lens of Law
/ Finn Makela, Derek McKee, and Teresa Scassa Part I: Technologies of Regulation 1. Peer Platform Markets and Licensing Regimes 2. The False Promise of the Sharing Economy 3. The Fast to the Furious / Derek McKee / Harry Arthurs / Nofar Sheffi Part II: Regulating Technology 4. The Normative Ecology of Disruptive Technology 5. Information Law in the Platform Economy: Ownership, Control, and Reuse of Platform Data / Vincent Gautrais / Teresa Scassa Part III: The Space Of Regulation—Local To Global 6. Urban Cowboy E-Capitalism Meets Dysfunctional Municipal Policy-Making: What the Uber Story Tells Us about Canadian Local Governance 7. The Sharing Economy and Trade Agreements: The Challenge to Domestic Regulation / Mariana Valverde / Michael Geist Part IV: Regulating Markets 8. Should Licence Plate Owners Be Compensated when Uber Comes to Town? 9. Competition Law and Policy Issues in the Sharing Economy / Eran Kaplinsky / Francesco Ducci Part V: Regulating Labour 10. The Legal Framework for Digital Platform Work: The French Experience 11. Uber and the Unmaking and Remaking of Taxi Capitalisms: Technology, Law, and Resistance in Historical Perspective 12. Making Sense of the Public Discourse on Airbnb and Labour: What about Labour Rights? / Marie-Cécile Escande-Varniol / Eric Tucker Sabrina Tremblay-Huet About the Contributors
9780776627519 (pbk)
20189034963
Technology and law.
Cooperation--Law and legislation.
Labor laws and legislation.