Configuring the Networked Citizen

Among legal scholars of technology, it has become commonplace to acknowledge that the design of networked information technologies has regulatory effects. For the most part, that discussion has been structured by the taxonomy developed by Lawrence Lessig, which classifies code as one of four principal regulatory modalities, alongside law, markets, and norms. As a result of that framing, questions about the applicability of constitutional protections to technical decisions have taken center stage in legal and policy debates. Some scholars have pondered whether digital architectures unacceptably constrain fundamental liberties, and what public design obligations might follow from such a conclusion. Others have argued that code belongs firmly on the private side of the public/private divide because it originates in the innovative activity of private actors. In a forthcoming book, the author argues that the project of situating code within one or another part of the familiar constitutional landscape too often distracts legal scholars from more important questions about the quality of the regulation that networked digital architectures produce. The gradual, inexorable embedding of networked information technologies has the potential to alter, in largely invisible ways, the interrelated processes of subject formation and culture formation. Within legal scholarship, the prevailing conceptions of subjectivity tend to be highly individualistic, oriented around the activities of speech and voluntary affiliation. Subjectivity also tends to be understood as definitionally independent of culture. Yet subjectivity is importantly collective, formed by the substrate within which individuality emerges. People form their conceptions of the good in part by reading, listening, and watching—by engaging with the products of a common culture—and by interacting with one another. Those activities are socially and culturally mediated, shaped by the preexisting communities into which individuals are born and within which they develop. They are also technically mediated, shaped by the artifacts that individuals encounter in common use. The social and cultural patterns that mediate the activities of self-constitution are being reconfigured by the pervasive adoption of technical protocols and services that manage the activities of content delivery, search, and social interaction. In developed countries, a broad cross-section of the population routinely uses networked information technologies and communications devices in hundreds of mundane, unremarkable ways. We search for information, communicate with each other, and gain access to networked resources and services. For the most part, as long as our devices and technologies work as expected, we give little thought to how they work; those questions are understood to be technical questions. Such questions are better characterized as sociotechnical. As networked digital architectures increasingly mediate the ordinary processes of everyday life, they catalyze gradual yet fundamental social and cultural change. This chapter—originally published in Imagining New Legalities: Privacy and Its Possibilities in the 21st Century, edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey (2012)—considers two interrelated questions that flow from understanding sociotechnical change as (re)configuring networked subjects. First, it revisits the way that legal and policy debates locate networked information technologies with respect to the public/private divide. The design of networked information technologies and communications devices is conventionally treated as a private matter; indeed, that designation has been the principal stumbling block encountered by constitutional theorists of technology. The classification of code as presumptively private has effects that reach beyond debates about the scope of constitutional guarantees, shaping views about the extent to which regulation of technical design decisions is normatively desirable. This chapter reexamines that discursive process, using lenses supplied by literatures on third-party liability and governance. Second, this chapter considers the relationship between sociotechnical change and understandings of citizenship. The ways that people think, form beliefs, and interact with one another are centrally relevant to the sorts of citizens that they become. The gradual embedding of networked information technologies into the practice of everyday life therefore has important implications for both the meaning and the practice of citizenship in the emerging networked information society. If design decisions are neither merely technical nor presumptively private, then they should be subject to more careful scrutiny with regard to the kind of citizen they produce. In particular, policy-makers cannot avoid engaging with the particular values that are encoded

National innovation systems, developing countries, and the role of intermediaries: a critical review of the literature

Developed over the past three decades, the national innovation system concept (NIS) has been widely used by both scholars and policy makers to explain how interactions between a set of distinct, nationally bounded institutions supports and facilitates technological change and the emergence and diffusion of new innovations. This concept provides a framework by which developing countries can adopt for purposes of catching up. Initially conceived on structures and interactions identified in economically advanced countries, the application of the NIS concept to developing countries has been gradual and has coincided – in the NIS literature – with a move away from overly macro-interpretations to an emphasis on micro-level interactions and processes, with much of this work questioning the nation state as the most appropriate level of analysis, as well as the emergence of certain intermediary actors thought to facilitate knowledge exchange between actors and institutions. This paper reviews the NIS literature chronologically, showing how this shift in emphasis has diminished somewhat the importance of both institutions, particularly governments, and the process of institutional capacity building. In doing so, the paper suggests that more recent literature on intermediaries such as industry associations may offer valuable insights to how institutional capacity building occurs and how it might be directed, particularly in the context of developing countries where governance capacities are often lacking, contributing to less effective innovation systems, stagnant economies, and unequal development

New frontiers in international strategy

This paper is based on a panel we organized at the "First Annual Conference on Emerging Research Frontiers in International Business Studies", organized by the Journal of International Business Studies (JIBS), to discuss several new lines of research in international strategy. Four lines of research are developed: The strategic implications of semiglobalization, the impact of institutional voids in international strategy, primitives and levels of analysis in international business, and strategies for the base of the pyramid. Taken together, these studies aim to open a new frontier in our understanding of International Strategy, based on the co-location of firms as places and a key element in international business.international business; semiglobalization; internal strategy; base pyramid; institutions; competitiveness;

Bridging the Innovation Divide: An Agenda for Disseminating Technology Innovations within the Nonprofit Sector

Examines technology practices -- such as neighborhood information systems, electronic advocacy, Internet-based micro enterprise support, and digital inclusion initiatives -- that strengthen the capacity of nonprofits and community organizations

Resource-Based View and SMEs Performance Exporting through Foreign Intermediaries: The Mediating Effect of Management Controls

Following the resource-based view, this research empirically explores the role of formal and informal management control in mobilizing export resources to develop export capabilities, influencing the export performance of small and medium-sized enterprises (SMEs) in an interorganizational relationship context. Empirical data were collected using a survey administrated online to finance managers in Spanish SMEs which use foreign intermediaries to access export markets. In this setting, evidence mainly suggests, first, that management control systems (MCSs) play a relevant mediating role between the effect of, on the one hand, resources on capabilities, and, on the other hand, resources and capabilities on performance. Second, that MCSs and capabilities play a interrelated double mediating effect between the impact of resources on performance; more specifically, a significant double indirect effect is found (1) between financial resources, behavior control, customer relationship building capability and performance, and (2) between physical resources, behavior control, customer relationship building capability and performanc

Online advertising: analysis of privacy threats and protection approaches

Online advertising, the pillar of the “free” content on the Web, has revolutionized the marketing business in recent years by creating a myriad of new opportunities for advertisers to reach potential customers. The current advertising model builds upon an intricate infrastructure composed of a variety of intermediary entities and technologies whose main aim is to deliver personalized ads. For this purpose, a wealth of user data is collected, aggregated, processed and traded behind the scenes at an unprecedented rate. Despite the enormous value of online advertising, however, the intrusiveness and ubiquity of these practices prompt serious privacy concerns. This article surveys the online advertising infrastructure and its supporting technologies, and presents a thorough overview of the underlying privacy risks and the solutions that may mitigate them. We first analyze the threats and potential privacy attackers in this scenario of online advertising. In particular, we examine the main components of the advertising infrastructure in terms of tracking capabilities, data collection, aggregation level and privacy risk, and overview the tracking and data-sharing technologies employed by these components. Then, we conduct a comprehensive survey of the most relevant privacy mechanisms, and classify and compare them on the basis of their privacy guarantees and impact on the Web.Peer ReviewedPostprint (author's final draft