Social Software, Groups, and Governance

Formal groups play an important role in the law. Informal groups largely lie outside it. Should the law be more attentive to informal groups? The paper argues that this and related questions are appearing more frequently as a number of computer technologies, which I collect under the heading social software, increase the salience of groups. In turn, that salience raises important questions about both the significance and the benefits of informal groups. The paper suggests that there may be important social benefits associated with informal groups, and that the law should move towards a framework for encouraging and recognizing them. Such a framework may be organized along three dimensions by which groups arise and sustain themselves: regulating places, things, and stories

The Path of Internet Law: An Annotated Guide to Legal Landmarks

The evolution of the Internet has forever changed the legal landscape. The Internet is the world’s largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes’s classic essay on the path of the law drew upon six centuries of case reports and statutes. In less than twenty-five years, Internet law has created new legal dilemmas and challenges in accommodating new information technologies. Part I is a brief timeline of Internet case law and statutory developments for Internet-related intellectual property (IP) law. Part II describes some of the ways in which the Internet is redirecting the path of IP in a globalized information-based economy. Our broader point is that every branch of substantive and procedural law is adapting to the digital world. Part III is the functional equivalent of a GPS for locating the latest U.S. and foreign law resources to help lawyers, policymakers, academics and law students lost in cyberspace

Law and Policy in the Age of the Internet

Technological knowledge is of many different kinds, from experience-based know-how in the crafts to science-based knowledge in modern engineering. It is inherently oriented towards being useful in technological activities, such as manufacturing and engineering design. The purpose of this thesis is to highlight special characteristics of technological knowledge and how these affect how technology should be taught in school. It consists of an introduction, a summary in Swedish, and five papers: Paper I is about rules of thumb, which are simple instructions, used to guide actions toward a specific result, without need of advanced knowledge. One off the major advantages of rules of thumb is the ease with which they can be learnt. One of their major disadvantages is that they cannot easily be adjusted to new situations or conditions. Paper II describes how Gilbert Ryle's distinction between knowing how and knowing that is applicable in the technological domain. Knowing how and knowing that are commonly used together, but there are important differences between them which motivate why they should be regarded as different types: they are learnt in different ways, justified in different ways, and knowing that is susceptible to Gettier type problems which technological knowing how is not. Paper III is based on a survey about how Swedish technology teachers understand the concept of technological knowledge. Their opinions show an extensive variation, and they have no common terminology for describing the knowledge. Paper IV deals with non-scientific models that are commonly used by engineers, based on for example folk theories or obsolete science. These should be included in technology education if it is to resemble real technology. Different, and partly contradictory, epistemological frameworks must be used in different school subjects. This leads to major pedagogical challenges, but also to opportunities to clarify the differences between technology and the natural sciences and between models and reality. Paper V is about explanation, prediction, and the use of models in technology education. Explanations and models in technology differ from those in the natural sciences in that they have to include users' actions and intentions.QC 20140512</p

Governing by internet architecture

In the past thirty years, the exponential rise in the number of Internet users around the word and the intensive use of the digital networks have brought to light crucial political issues. Internet is now the object of regulations. Namely, it is a policy domain. Yet, its own architecture represents a new regulative structure, one deeply affecting politics and everyday life. This article considers some of the main transformations of the Internet induced by privatization and militarization processes, as well as their consequences on societies and human beings.En los últimos treinta años ha crecido de manera exponencial el número de usuarios de Internet alrededor del mundo y el uso intensivo de conexiones digitales ha traído a la luz cuestiones políticas cruciales. Internet es ahora objeto de regulaciones. Es decir, es un ámbito de la política. Aún su propia arquitectura representa una nueva estructura reguladora, que afecta profundamente la política y la vida cotidiana. Este artículo considera algunas de las principales transformaciones de Internet inducida por procesos de privatización y militarización, como también sus consecuencias en las sociedades y en los seres humanos

Yahoo and Democracy on the Internet

This article examines the French court order requiring Yahoo to prevent French Internet users from accessing images of Nazi memorabilia available for auction on the company\u27s American web site. The article uses the French case to challenge the popular belief that an entirely borderless Internet favors democratic values. The article starts from the premise that while the Internet enables actors to reach a geographically dispersed audience, the Internet should not change the accountability of those actors for their conduct within national borders. The article shows that Yahoo\u27s extensive business in France justifies the application of France\u27s democratically chosen law and argues that the decision has important normative implications for pluralistic democracy on the global network. Namely, the decision promotes technical changes in the Internet architecture that empower democratic states to be able to enforce their freely chosen public policies within their territories. At the same time, the infrastructure changes will not enhance the ability of non-democratic states to pursue repressive policies within their territories in violation of international law. The article shows the French decision as a maturing of the Internet regulatory framework and argues that the policy rules embedded in the technical infrastructure must recognize values adopted by different states and must not be dictated by technical elites

ICT law book: a source book for information & communication technologies and cyber law

The rise of computer technologies in the twentieth century and subsequently the Internet in 1990s has made the relationship between technology and law to become an important topic in legal discourse. This relationship has been studied in specific contexts: contractual relationships under e-commerce law, regulation of intellectual property rights under digital rights management systems, software and database protection, etc., criminal activities aided by modern technologies in cybercrimes, protection of personal data, the governance of the internet, forensic investigations, electronic evidence and so forth. ICT Law Book: A Source Book for Information & Communication Technologies and Cyber Law is undoubtedly another attempt to underscore this relationship between technology and law with special focus in developing countries: Tanzania and the East African Community (see the inside cover)

The internet and public–private governance in the European Union

The EU plays a significant role in public policy aspects of Internet governance, having created in the late 1990s the dot eu Internet Top Level Domain (TLD). This enables users to register names under a European online address label. This paper explores key public policy issues in the emergent governance system for dot eu, because it provides an interesting case of new European transnational private governance. Specifically, dot eu governance is a reconciliation resulting from a governance cultural clash between the European regulatory state and what can be described broadly as the Internet community. The EU has customised the governance of dot eu towards a public–private dispersed agencification model. The paper extends the evidence base on agencification within trans-European regulatory networks and the emergence of private transnational network governance characterised by self-regulation