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Gaining understanding about customers' mindset and information on their experiences is a precondition for the formulation of an

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This article studies the Internet from an evolutionary point of view, based on historic analysis, to confirm institutional change predictions suggested by Utterback’s innovation development theory. It explores the appearance of rules and the consolidation of public and private initiatives that could enhance the capacity of the private sector to coregulate in the digital sphere, which is especially relevant to the field of electronic commerce-related transactions. This institutional review distinguishes between two distinct layers of the Internet. Also, formal and informal regulatory patterns are identified in their evolutionary stages, revealing the prevailing models: unregulated, self-regulated, co-regulated, or regulated. These conceptual associations aim to provide a framework scheme to further study specific topics in the fields of Internet governance, digital economy, and the information society. This primer should also induce interdisciplinary research, for better understanding on how rules influence digital innovation and behaviour, in practice. Implicit in this account is that most of the credit for the efficient development of these technologies, in their two layers, during their first stages, might be attributed to the availability of collective, collaborating, or independent self-regulatory capacity. The most immediate observations show a growing tendency towards over-prescriptive regulatory systems, promoted to control its use and content; incompatible with the needs and interests of the majority of stakeholders. A concluding claim is that the Internet and telecommunication technologies in general, considered as enabling mediums, would benefit from dynamic and mixed regulatory solutions, according to and depending on whether their object is their infrastructure or the surface layer of its applications.

Purpose This paper aims to report on signs of public awareness and empowerment among the general public that are presumed to determine the viability of the smart contracting (SC) approach and identifies prevailing concerns regarding individual transactional experiences. Design/methodology/approach A mixed approach was followed to explore perceptions of self-regulation and transaction friendliness by using an interpretative multiple case study method and by presenting a descriptive summative analysis of the data. Findings On self-regulation, the study reveals spread awareness, empowerment, contractual competences and responsibility. Regarding transaction friendliness, subject matter influences transaction experiences the most, and trust and engagement are the most problematic factors. The findings support the viability of SC, endorsing the application of proactive perspectives in legal and managerial practice. Research limitations/implications The study confirms the foundational assumptions of SC, identifies key transactional issues that should be further addressed to improve the functionality of digital trade environments and contributes to the consolidation of the legal design research field on transaction usability. Practical implications The findings point to the viability of SC. Organizations and practitioners are given indications on transaction upgrade priorities and invited to adopt and help disseminate the proposal. Social implications The expansion of a collaborative transactional culture can reduce legal disputes, improving the legal environment of business and strengthening private governance regulatory models. Originality/value This is the first empirical study on the viability conditions of the SC-approach, identifying transactional usability testing and intervention priorities.