BORDERLESS CHATS AND THE REGULATORY MARKET

 

THE 2 IPs: Internet Protocol and Intellectual Property –

Lets talk Mobile , Internet and Connected Devices as we explore borderless chats. And yes: Who owns your chats and who gets regulated? And: Advertisers – are we thinking of them in the regulatory landscape.

No more pigeons as carriers, but mobile messaging apps like Facebook’s and their instant messaging services and others like Whats App, WeChat, Snapchat, Viber, Line, Kakao Talk and Tencent are on the radar. They have fast outpaced mobile carriers SMS.

As we chat, we connect and we buy…. that is what advertisers want. More so, it is what companies want – both virtual and real time companies. Entrepreneurial fervour is driving more and more advancement and technology is aiding this spiral. Technology is also changing innovation in itself. Technology is allowing more and more communication and interactivity and inventions on scales small and large. Technology combined with creativity is driving innovation as business and the operations of the world are being digitised.

Mobile messaging carriers pay hefty licence fees but internet messaging applications are largely unregulated – Is this the new war – who pays and who is regulated? But should that be the war – is the question rather: with connectivity , access and communication are enhanced and the issue is one for greater connectivity and Internet access. The internet is a powerful force – an as the UN Broadband Commission spotlight: The Internet is Evolving from Connected Things to Connected Everything.

It is access and connectivity that need to be on the radar not asymmetric regulation, as mobile makes money and dual regulation discussions aid not abet minimal mobile fee discussions.

Mobile and Internet based messenger apps those that access mobile with internet and those that do not – are a reality in as much as Facebook’s internet.org is offering an alternative attempt to equalise digital access. So, Internet Protocol – IP networks are now connecting billions of physical devices, while this accelerating volume of data is driven by four major trends:

IP is fast becoming the common

language for most data

communication, especially

proprietary industrial networks.

Billions more people, things,

places, processes and devices

will come online over the next five

years.

Existing physically stored

information is being digitized

in order to record and share

previously analogue material. For

example, the digital share of the

world’s stored information has

increased from 25% to over 98%

over the last decade38.

The introduction of Internet

Protocol version 6 (IPv6) now

removes the technical limit on the

number of devices connected to

the Internet, allowing for trillions of

trillions (i.e. 1038) of devices. – UN BROADBAND COMMISSION 2014

Mobile Internet commerce has got advertisers in a digital frenzy vying for virtual mobile users as much as getting them to part with their monies. According the recent UN Broadband Commission Report 2014 Report , the ITU predicts that the number of networked devices could reach 25 billion by 2020.

Now that is a lot of networked devices. Much more than simply mobile connectivity and IP ( Internet Protocol) trillion connectivity has the potential to transform to trillions in capital and ROI as connectivity of everything. That is the digital enabler.

The debate is on: Mobile operators are regulated. Internet service based messaging whether on mobile or otherwise are not. That is the digital revolution making inroads into what was traditionally mobile revenue. Internet service based messaging has revolutionised affordable communications. Competition is good So, lets leave this unregulated. It is a communications enabler especially in countries where mobile and telephony communications are expensive and digital access uneven. Mobile needs to up its game on affordable communications. More instant messaging applications offer a sales incentive for smart mobile purchases.

Advertisers in terms of specific communications regulatory fees are not regulated. They use infrastructure bandwidth and vicariously user’s data bandwidth . Yes they pay – but to whom and that is what should be borne in mind. Should they be? They negotiate commercial agreements and ad funded revenue model to maximise their revenue. So, why not regulate them. Yes, we have regulations and in country standards. That is not the point, the global advertisers leverage revenue as much the chats are borderless. So, lets bring them in the financial regulatory model too.

Virtual mobile messaging systems in the digital world are on the path to changing intellectual property rules. But what are the new rules in play? Are we asking the right question and to whom?

So, who owns your chats? You do, its your IP – Intellectual Property ( product of the intellect – your words, your phrases, your rhymes) but always check the Terms of Service and Privacy Policy including for escape clauses. Be mindful of jurisdiction clauses as litigation in a foreign country is expensive and sever location founds jurisdiction.

And IP – Internet Protocol and its processing power is enabling those chats to be as connected as they are borderless.

Happy chatting.

Ayesha Dawood

Published in Business Day Business Law and Tax Review February 2016