regulating the network
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Regulating the network
Mathias Klang @klang67
Regulation of technology is the regulation of democracy
It cannot be helped, it is as it should be, that the law is behind the times. Oliver Wendell Holmes
Rights of citizen & Man (1789)
Killer app 1789
Universal declaration of human rights (1948)
Killer app 1948
Laying out the conflict
Law and Borders - The Rise of Law in Cyberspace Johnson & Post (1996)
Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.
Barlow (1996)
Law is a system of rules and guidelines which are enforced… to govern behavior, wherever possible. It shapes … and serves as a social mediator of relations between people.
Technology changing society, but social rules slow to evolve…
Cyberlawyers argue: New technology, new rules & New field
Law of the horseFrank H. Easterbrook (1996)
Cyberlaw = establishment
Code is lawLessig (1999)
Nothing new under the sun?
Does technology influence law?
Only technology(spot the ethical dilemma?)
Law
Contextual & programmed social
rules
ArchitectureControl in
analogue world
Control in digital world
How is social media different?
Blog
ger 1
999
Goog
le 1
999
End of communications monopoly
Theoretical rights become inevitable
practice
We have moved on
We the people…
Goodbye Sister María Jesús Galán
Marketplace of ideas: free or racist speech?
"Crap! Robin Hood airport is closed. You've got a week and a bit to get your shit together otherwise I'm blowing the airport sky high!"
Uni student bomb threat
Post, like, share?
Norwegian politician
Medical staff
Patient and other privacy
Parents!
Why?
Eula trumps rights
Is a defense…
The design effectYou know you want to…
The network effect
If you’re not the customer you’re the product
Why no action? Protect us from ourselves
Its only technology…Neutral tools…
autonomyFree will we are supposed to know stuff…
Being stupid is not illegal
Unpopular decisions require courage…
Aristotle in Nicomachean Ethics
Courage is a mean with regard to fear and confidence
Controversial only means this will lose you votes, courageous means this will lose you
the election.
Sir Humphrey in Yes Minister
Law pushes on technology- the return of law?
Europe asks facebook questions
Twitter “Starting today, we give ourselves the ability to reactively withhold content from users in a specific country”
when we are required to withhold a Tweet in a specific country
(1) we will attempt to let the user know,
(2) we will clearly mark when the content has been withheld.
(3) As part of that transparency, we’ve expanded our partnership with Chilling Effects
Regulation by proxy
Did you read before you agreed?
Morosov is critical to the “technology brings democracy” approach and is concerned that we are “amusing ourselves to death” (Postman 1985)
Social media creates silos & do not allow users to port data from one site to another.
Where to now… ? Seduction of technology
Law
Contextual & programmed social
rules
ArchitectureControl in
analogue world
Control in digital world
Academia is
needed
Thank you.
Mathias Klang [email protected] or @klang67
www.digital-rights.net
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