Internet Utopianism and the Practical Inevitability of Law

Writing at the dawn of the digital era, John Perry Barlow proclaimed cyberspace to be a new domain of pure freedom. Addressing the nations of the world, he cautioned that their laws, which were “based on matter,” simply did not speak to conduct in the new virtual realm. As both Barlow and the cyberlaw scholars who took up his call recognized, that was not so much a statement of fact as it was an exercise in deliberate utopianism. But it has proved prescient in a way that they certainly did not intend. The “laws” that increasingly have no meaning in online environments include not only the mandates of market regulators but also the guarantees that supposedly protect the fundamental rights of internet users, including the expressive and associational freedoms whose supremacy Barlow asserted. More generally, in the networked information era, protections for fundamental human rights — both on- and offline — have begun to fail comprehensively. Cyberlaw scholarship in the Barlowian mold isn’t to blame for the worldwide erosion of protections for fundamental rights, but it also hasn’t helped as much as it might have. In this essay, adapted from a forthcoming book on the evolution of legal institutions in the information era, I identify and briefly examine three intersecting flavors of internet utopianism in cyberlegal thought that are worth reexamining. It has become increasingly apparent that functioning legal institutions have indispensable roles to play in protecting and advancing human freedom. It has also become increasingly apparent, however, that the legal institutions we need are different than the ones we have

Cyber maturity in the Asia-Pacific Region 2014

Summary: To make considered, evidence-based cyber policy judgements in the Asia-Pacific there’s a need for better tools to assess the existing ‘cyber maturity’ of nations in the region. Over the past twelve months the Australian Strategic Policy Institute’s International Cyber Policy Centre has developed a Maturity Metric which provides an assessment of the regional cyber landscape. This measurement encompasses an evaluation of whole-of-government policy and legislative structures, military organisation, business and digital economic strength and levels of cyber social awareness. This information is distilled into an accessible format, using metrics to provide a snapshot by which government, business, and the public alike can garner an understanding of the cyber profile of regional actors

Understanding digital intelligence and the norms that might govern it

Abstract: This paper describes the nature of digital intelligence and provides context for the material published as a result of the actions of National Security Agency contractor Edward Snowden. It looks at the dynamic interaction between demands from government and law enforcement for digital intelligence, and at the new possibilities that digital technology has opened up for meeting such demands. The adequacy of previous regimes of legal powers and governance arrangements is seriously challenged just at a time when the objective need for intelligence on the serious threats facing civil society is apparent. This paper suggests areas where it might be possible to derive international norms, regarded as promoting standards of accepted behaviour that might gain widespread, if not universal, international acceptance, for the safe practice of digital intelligence

The future of Cybersecurity in Italy: Strategic focus area

This volume has been created as a continuation of the previous one, with the aim of outlining a set of focus areas and actions that the Italian Nation research community considers essential. The book touches many aspects of cyber security, ranging from the definition of the infrastructure and controls needed to organize cyberdefence to the actions and technologies to be developed to be better protected, from the identification of the main technologies to be defended to the proposal of a set of horizontal actions for training, awareness raising, and risk management

Global Risks 2014, Ninth Edition.

The Global Risks 2014 report highlights how global risks are not only interconnected but also have systemic impacts. To manage global risks effectively and build resilience to their impacts, better efforts are needed to understand, measure and foresee the evolution of interdependencies between risks, supplementing traditional risk-management tools with new concepts designed for uncertain environments. If global risks are not effectively addressed, their social, economic and political fallouts could be far-reaching, as exemplified by the continuing impacts of the financial crisis of 2007-2008

Strengthening rules-based order in the Asia-Pacific

This paper explores the opportunities for both Australia and Japan jointly to promote their shared interest in strengthening the rule of law in the Asia–Pacific. Overview The rule of law is an essential condition if cooperation and orderly behaviour are to be advanced in the Asia–Pacific. We need norms and rules that guide—and govern—relations among regional states. Australia and Japan share an interest in minimising the role that coercion plays in the Asia–Pacific and maximising cooperation across the region. We’re both liberal democracies, with a strong bilateral security relationship, an alliance with the United States and a genuine commitment to the rule of law. All Asia–Pacific states would profit by following Australia and Japan’s example in promoting and abiding by the rule of law in their external policies. Indeed, our region would be a much safer place if they did. ASPI has this year worked on a project to explore the opportunities for both Australia and Japan jointly to promote our shared interest in strengthening the rule of law in the Asia–Pacific. This report sets out the project’s key findings and outlines policy proposals to enhance Australia–Japan cooperation to bolster the rule of law in the region

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

Challenging Party Hegemony: Identity Work in China’s Emerging Virreal Places

The Chinese Communist Party has chosen to base the legitimacy of its rule on its performance as leading national power. Since national identity is based on shared imaginations of and directly tied to territory – hence place, this paper analyses both heterodox models for identification on the national and potentially competing place-based collective identities on the local level. This analysis, based on communication within a number of popular communication forums and on observation of behavior in the physical reality of today’s urban China, shows that communication within the virtual and behavior in the real world are not separated realities but form a new virreal spatial continuum consisting of imagined places both online and offline. I argue that ties to place are stronger and identities constructed on shared imaginations of place are more salient the more direct the experience of place is – be the place real, virtual or virreal. Hence in China challenges to one-party rule will probably accrue from competing localized collective identities rather than from heterodox nationalism.to explore the variety and complexity of functional antagonisms in the social subsystems.China, Internet, political power, collective identity, nationalism, place, bulletin, board system, online communication, online community

Cryptocurrency with a Conscience: Using Artificial Intelligence to Develop Money that Advances Human Ethical Values

Cryptocurrencies like Bitcoin are offering new avenues for economic empowerment to individuals around the world. However, they also provide a powerful tool that facilitates criminal activities such as human trafficking and illegal weapons sales that cause great harm to individuals and communities. Cryptocurrency advocates have argued that the ethical dimensions of cryptocurrency are not qualitatively new, insofar as money has always been understood as a passive instrument that lacks ethical values and can be used for good or ill purposes. In this paper, we challenge such a presumption that money must be ‘value-neutral.’ Building on advances in artificial intelligence, cryptography, and machine ethics, we argue that it is possible to design artificially intelligent cryptocurrencies that are not ethically neutral but which autonomously regulate their own use in a way that reflects the ethical values of particular human beings – or even entire human societies. We propose a technological framework for such cryptocurrencies and then analyse the legal, ethical, and economic implications of their use. Finally, we suggest that the development of cryptocurrencies possessing ethical as well as monetary value can provide human beings with a new economic means of positively influencing the ethos and values of their societies