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 klang@ituniv.se or @klang67

www.digital-rights.net

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