Articles

Question 1

Johnson and Post

Answer 1

Cyberspace participants are much better positioned than national regulators to design comprehensive legal rules addressing cyberspace activity

Question 2

Goldsmith’s three criticisms of cyberanarchy

Answer 2

1. Overstates differences between cyberspace vs other transnational activity
2. Does not attend to the distinction between default and mandatory laws (self-regulation makes sense w/respect to DEFAULT laws, as private parties can modify to fit their needs, but less sense w/MANDATORY ones)
3. Underestimates potential of traditional legal tools

Question 3

Barlow

Answer 3

Regulation will fail, internet cannot be regulated
Nations have NO RIGHT to regulate the “new realm of mind”

Question 4

Johnson +Post

Answer 4

Self-regulation can work and SHOULD be left to work

Question 5

Goldman

Answer 5

Cyberanarchy is NOT the correct approach
External regulation IS possible

Question 6

Hardy (private decentralised regime)

Answer 6

Decentralised regulation is efficient, and the “proper regime”

Question 7

Reidenberg (Lex informatica)

Answer 7

LEX INFORMATICA: Technology provides effective tools for regulation - regulators should use infrastructure to regulate

Question 8

Lessig (technocratic approach)

Answer 8

Cyberspace is regulated by all 4 modes, CODE is increasingly effective
Legitimacy of those controlling code should be QUESTIONED

Question 9

Teubner’s civil constitutionalisation of the Internet

Answer 9

We should revise contemporary constitutional theory, as internet has created a dissociation between states and consitutions,
We now need a GLOBAL consitution from private actors to address also internet issues

Question 10

ICANN

Answer 10

Internet Corporation for Associated Names and Numbers
Manages IP nºs and DNS roots
Controlled by US until 2016, now by int. org

Question 11

IANA

Answer 11

Internet Assigned Numbers Authority
ICANN subdepartment, global assignment of IP

Question 12

ISOC

Answer 12

Internet Society
Provides standards for management of internet
Non-profit org

Question 13

Justice Holmes’ dissenting opinion

Answer 13

Majority of court - prosecute anarchist for anti war view
He said ultimate good is achieved by FREE TRADE OF IDEAS

Question 14

Jack Balkin Free speech triangle structure

Answer 14

1. Nations/states/intermational orgs: impose RULES on free speech
2. Infrastructure providers (ISPs, payment systems) (Can be hackers): Act with own PRIVATE governance on users, but also COOPERATE w/govts to enforce rules
3. End users/civil organizations/media companies/hackers: Influence the other 2 actors by speaking, protesting, or leaving platforms