Governance in the Digital Era

Question 1

What are the 6 main theories on Cyberspace

Answer 1

-Cyberlibertarianism
-Cyberpaternalism
-Network communitarianism
-Intermediary and Platform regulation
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-Behavioural regulation
-Algorithmic regulation

-secret seven: lessig’s modalities of regulation

Question 2

Explain cyberlibertarianism

Answer 2

• Cyberspace is a separate sovereign space -where real-world laws and real world gov are of little of no effect

Question 3

Explain the weaknesses of cyberlibertarianism

Answer 3

-For cyberspace to be its seperate sphere:
-homogenous set of same info
-own experience?
-Territorial jurisdiction still applies to cybercrimes–> your corporeal body still in this world
-Cannot be self-regulated because so heterogenous
-INTERNAL DEMOCRATIC DISCOURSE * cannot be achieved

Question 4

Explain the consequences of cyberlibertarianism

Answer 4

Regulatory arbitrage –> utilizing more favourable laws in one jurisdiction to circumvent less favourable regulation elsewhere

Question 5

Explain cyberpaternalism

Answer 5

-Cyberspace is not immune from regulatory intervention by real world regulators

Question 6

Explain lex informatica

Answer 6

• primary rule makes tech developers
  -social custom as technology evolve
  -BUT gov. wouldn’t lose authority over cyberspace
  -instead, they’d adapt by shifting their focus
  -while they regulate people in the physical world in cyberspace, they’d regulate the structures and agreements among service providers

Question 7

Explain Lessig’s modalities of regulation

Answer 7

• We are a passive object subject to three sources of regulation:
  -law
  -norms
  -market
  -architecture

Question 8

Explain the weaknesses of Lessig’s modalities of regulation

Answer 8

• No role for the internet user

Question 9

Explain what network communitarianism is

Answer 9

• characterizes the relationship between the dig. env. and the real world as a more fluid affair
  -if more ppl want more of a certain thing a market will develop for it (resulting in a change in architecture)
  -We are no longer one sing. person whcih personifies the internet user (a single dot)
  -we are a community

Question 10

Explain how behavioural regulation works

Answer 10

Regulation still comes from higher authorities but we still have free choice
Does not come in the form of command and control measures
Do this otherwise there will be a consequence
You have a choice between this and that
But designed in a way that most of us will go for the ‘right choice’

Question 11

Explain algorithmic regulation

Answer 11

Algorithmic Regulation
1. Encoded procedures for transforming into a desired output, based on specified calculations
2. Use of algorithmically generated knowledge systems to execute or inform decisions
3. Regulatory governance systems that utilize algorithmic decision making

Question 12

What are dark patterns

Answer 12

• designing, organising or operating their online interfaces
  -in a way that deceives or manipulates the recipients of their service or in a way
  -that materially distorts
  -or impairs the ability of the recipients of their service to make free and informed decisions