Auto-regulating New Media

Using Foucault's (1977, 1978) notion of panoptic method of governmentality and looking at the case of Singapore's Internet policy, this paper attempts to expand on the idea-and ideals-of 'auto-regulation'(Lee, 2000, pp. 4-5; Lee & Birch, 2000). Auto-regulation, as I shall posit in this paper, provides a way for regulatory enforcement and surveillance to become sufficiently transparent and 'normalised' so that 'the exercise of power may be supervised by society as a whole'(Foucault, 1977, pp.207-208) rather than by a select group of policy and law enforcement officers, or civil society /activist groups

Foucault in Cyberspace: Surveillance, Sovereignty, and Hardwired Censors

This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state\u27s supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state\u27s own power in cyberspace. In fact, I argue that the conceptual structure and jurisprudential assumptions of digital libertarianism lead its practitioners to ignore the ways in which the state can often use privatized enforcement and state-backed technologies to evade some of the supposed practical (and constitutional) restraints on the exercise of legal power over the Net. Finally, I argue that technological solutions which provide the keys to the first two phenomena are neither as neutral nor as benign as they are currently perceived to be. Some of my illustrations will come from the current Administration proposals for Internet copyright regulation, others from the Communications Decency Act and the cryptography debate. In the process, I make opportunistic and unsystematic use of the late Michel Foucault\u27s work to criticise some the jurisprudential orthodoxy of the Net

Movie Censorship: A Swiss Comparison

Obscenity and censorship are perhaps the most unsettled areas of constitutional law in this country today. To many, the deep divisions and divergent attitudes of the Justices of the Supreme Court constitute an intolerable state of affairs for a functioning system of jurisprudence. This article will not present a panacea for these problems. But in an area where disagreement abounds, examination of the approach of another legal system can lead to clearer thinking, reorientation of analysis, and a better over-view of the entire area. Since many of the problems which have plagued the courts in this country have likewise been raised in Swiss censorship litigation, the reader should find Swiss solutions enlightening

Australian Governments and dilemmas in filtering the Internet: juggling freedoms against potential for harm

This paper examines proposed internet filtering policies in Australia from the 1990s to 2014 and discusses some of their ideological underpinnings. Executive summary The Internet is a revolutionary source of information and its dissemination; and a medium for collaboration and interaction between individuals without regard for geographic location. Since its inception, however, concerns have been raised about the potential for unsavoury characters to use the Internet as a vehicle for distributing pornography and material of a violent nature to young or otherwise vulnerable individuals. Governments across the world have attempted to deal with such activities by various means and to varying degrees. These have included imposing mandatory filtering at an Internet Service Provider (ISP) level and optional filtering at the computer level. In Australia there has been considerable debate about what degree of filtering (if any) should be mandated. The Howard Government favoured an approach which emphasised self-regulation by ISPs combined with a legislative component and education and freedom for families to choose between either computer or ISP filtering based on a list of unacceptable content. The Rudd and Gillard Governments preferred the option of a mandatory ISP level filter, although this too was to be based on a ‘blacklist’ of prohibited content. Both options have been criticised as being expensive and inefficient. In addition, it has been argued that the Rudd/Gillard option would have had a detrimental impact on Internet speeds and that it would set a precedent for future governments to widen filtering to other forms of expression. The Howard Government’s programs were largely discarded by Labor after it was elected in 2007. However, Labor’s own filtering option was abandoned prior to its defeat in the 2013 election. In conjunction with their filtering options , both Coalition and Labor Governments have supported education and information campaigns to assist people, particularly children, to deal with online predators and both have introduced successful programs. The current Coalition Government’s policy on Internet filtering appears to favour light-handed legislation combined with education and information programs. This paper examines the iterations of internet filtering policies from the 1990s to 2014 and discusses some of their ideological underpinnings

(Il)Legitimisation of the role of the nation state: Understanding of and reactions to Internet censorship in Turkey

This study aims to explore Turkish citizen-consumers' understanding of and reactions to censorship of websites in Turkey by using in-depth interviews and online ethnography. In an environment where sites such as YouTube and others are increasingly being banned, the citizen-consumers' macro-level understanding is that such censorship is part of a wider ideological plan and their micro-level understanding is that their relationship with the wider global network is reduced, in the sense that they have trouble accessing full information on products, services and experiences. The study revealed that citizen-consumers engage in two types of resistance strategies against such domination by the state: using irony as passive resistance, and using the very same technology used by the state to resist its domination

Net Neutrality as Global Principle for Internet Governance

This paper discusses the concept of network neutrality (NN) and explores its relevance to global Internet governance. The paper identifies three distinct ways in which the concept of network neutrality might attain a status as a globally applicable principle for Internet governance. The paper concludes that the concept of a "neutral" Internet has global applicability in a variety of contexts relevant to Internet governance