Regulating hate speech online

The exponential growth in the Internet as a means of communication has been emulated by an increase in far-right and extremist web sites and hate based activity in cyberspace. The anonymity and mobility afforded by the Internet has made harassment and expressions of hate effortless in a landscape that is abstract and beyond the realms of traditional law enforcement. This paper examines the complexities of regulating hate speech on the Internet through legal and technological frameworks. It explores the limitations of unilateral national content legislation and the difficulties inherent in multilateral efforts to regulate the Internet. The paper develops to consider how technological innovations can restrict the harm caused by hate speech while states seek to find common ground upon which to harmonise their approach to regulation. Further, it argues that a broad coalition of government, business and citizenry is likely to be most effective in reducing the harm caused by hate speech

European regulation of cross-border hate speech in cyberspace: The limits of legislation

This paper examines the complexities of regulating hate speech on the Internet through legal frameworks. It demonstrates the limitations of unilateral national content legislation and the difficulties inherent in multilateral efforts to regulate the Internet. The paper highlights how the US's commitment to free speech has undermined European efforts to construct a truly international regulatory system. It is argued that a broad coalition of citizens, industry and government, employing technological, educational and legal frameworks, may offer the most effective approach through which to limit the effects of hate speech originating from outside of European borders

Governing Networks and Rule-Making in Cyberspace

The global network environment defies traditional regulatory theories and policymaking practices. At present, policymakers and private sector organizations are searching for appropriate regulatory strategies to encourage and channel the global information infrastructure (“GII”). Most attempts to define new rules for the development of the GII rely on disintegrating concepts of territory and sector, while ignoring the new network and technological borders that transcend national boundaries. The GII creates new models and sources for rules. Policy leadership requires a fresh approach to the governance of global networks. Instead of foundering on old concepts, the GII requires a new paradigm for governance that recognizes the complexity of networks, builds constructive relationships among the various participants (including governments, systems operators, information providers, and citizens), and promotes incentives for the attainment of various public policy objectives in the private sector

Internet innovations:exploring new horizons

The aim of this paper is to provide a standpoint on an emerging trend in sharing digital video content over the Internet. The paper is based on participative evaluative analysis of business model employed by digital video content sharing providers. The authors have found that because of wide diffusion of broadband and cheap video recording equipment, enabling digital video content to be shared online, and emerging business internet video sharing practice its users increasingly find themselves infringing the intellectual property rights of others. This has implications for anyone using online video resources. The paper offers an insight into the increasing popularity of online video and the resulting dilemmas encountered by internet researchers; it also offers a functional way for researchers, businesses and online users to understand the mechanism of infringement of the intellectual property rights relating to online video content. The paper further contributes to expanding the understanding of internet users behaviour in relation to digital video content creation and distribution in the context of challenges faced by cyberlaw

Cyberspace As/And Space

The appropriate role of place- and space-based metaphors for the Internet and its constituent nodes and networks is hotly contested. This essay seeks to provoke critical reflection on the implications of place- and space-based theories of cyberspace for the ongoing production of networked space more generally. It argues, first, that adherents of the cyberspace metaphor have been insufficiently sensitive to the ways in which theories of cyberspace as space themselves function as acts of social construction. Specifically, the leading theories all have deployed the metaphoric construct of cyberspace to situate cyberspace, explicitly or implicitly, as separate space. This denies all of the ways in which cyberspace operates as both extension and evolution of everyday spatial practice. Next, it argues that critics of the cyberspace metaphor have confused two senses of space and two senses of metaphor. The cyberspace metaphor does not refer to abstract, Cartesian space, but instead expresses an experienced spatiality mediated by embodied human cognition. Cyberspace in this sense is relative, mutable, and constituted via the interactions among practice, conceptualization, and representation. The insights drawn from this exercise suggest a very different way of understanding both the spatiality of cyberspace and its architectural and regulatory challenges. In particular, they suggest closer attention to three ongoing shifts: the emergence of a new sense of social space, which the author calls networked space; the interpenetration of embodied, formerly bounded space by networked space; and the ways in which these developments alter, instantiate, and disrupt geographies of power

From Patchwork to Network: Strategies for International Intellectual Property in Flux

Laws of intellectual property define what is bought and sold on media and technology markets, notably works, trademarks, and inventions. Laws and treaties have traditionally been made and enforced by nation-states operating in a patchwork of territories. Now, the media and technology marketplace is being globalized in digital networks. The law is only beginning to respond to this change. To analyze this process in the field of intellectual property, this Article will consider the following questions: First, how is the patchwork of national laws lagging behind new networks in this field? Second, how does the international regime of intellectual property leave these laws in conflicts relative to the emerging global marketplace? Third, what strategies are available to private parties for dealing with legal uncertainties that are emerging in the short term? Lastly, how can these strategies be coordinated in the long term

The persistence of media control under consolidated authoritarianism: containing Kazakhstan’s digital media

Citizens of Kazakhstan have greater access to the Internet now than at any time in the past. However, the Nazarbaev regime has systematically cut off the supply of political analysis on the country's web sites while simultaneously shifting popular on-line consumption habits in non-political directions. The result is that the presence of the Internet in Kazakhstan is helping the authoritarian regime remain in power

Between reason of state and reason of market: the developments of internet governance in historical perspective

“No sovereignty, no elected government, no authority, no borders”. It was exactly twenty years ago, John Perry Barlow proclaimed his Declaration of the Independence of Cyberspace. And those were his keywords. Today, we can say that the development of Internet governance as a global policy arena is the answer to the questions that Barlow believed irrelevant to the proper development of cyberspace. If founding myths about an ungovernable, borderless, and intangible Internet have been demolished, what power relations have emerged in the Internet governance arena? What are the ideas –or the normative values– that sustain and legitimize the political role of governmental and nongovernmental actors? And, finally, is the multi-stakeholder model capable of grasping the real conflicts over political power, or is it part of those conflicts, a narrative supporting specific interests and coalitions? The main aim of this article is to consider these issues by analysing the developments of political conflicts over Internet governance, from the IAHC to WSIS, until recent processes such as the WCIT and NetMundial.“Ninguna soberanía, ningún gobierno electivo, ninguna autoridad, ningún confín”. Hace veinte años, John Perry Barlow proclamó su Declaración de Independencia del Ciberespacio. Y estas eran las palabras clave. Hoy día, podemos afirmar que el desarrollo del Internet Governance como ámbito de policy global responde a las preguntas que Barlow consideraba irrelevantes precisamente por lo que al desarrollo del ciberespacio se refería. Una vez que los mitos fundadores de un Internet sin confines, inmaterial y falto de estructuras de gobierno han sido derrotados, ¿cuáles son las relaciones de poder que han emergido en el campo del dominio del Internet? ¿Cuáles son las ideas –o los valores normativos– que sostienen y legitiman el papel político de los actores gubernamentales y no gubernamentales? Además, ¿el modelo multi-stakeholder sabe distinguir los conflictos de poder reales, o él mismo parte de esos conflictos, como un discurso de apoyo de los intereses y de las coaliciones en juego? El objetivo principal del artículo es analizar esos cuestionamientos a través del análisis del desarrollo de los conflictos políticos respecto de la gobernanza de la red: del IAHC al WSIS, hasta llegar a los procesos más recientes, como el WCIT y el NetMundial