Analytical Framework for Internet Policy - slide "Choice of Policy Instrument"

Is it a human right, constitutional, civil, criminal, insitutional, economic, or moral issue?
How is the issue presented legally with respect to it being a right, liability, or obligation?
Much regulation is sectorial or media based; what sector or media is addressed? i.e. Is speech like personal speech, print, or broadcast, is search cast as a warrent or court order?
Often, half the battle is setting the venue and choice of the policy/legal instrument before the merits (in that venue) are decided. How much debate is related to this for your given issue?
- Europeans speak often of human rights
- Americans often speak of constitutional rights
- Moving an issue from the civil to the criminal domain (or employing both) can be advantageous to a party. (i.e. recent copyright legislation.)
- Technical issues are often resolved through standards organizations or old boy networks. Rationalizations include "we know best," and free market efficiency.
- Legal issues are brought to bear in cases of common or statutory law and equity.