Week 2 : Governance in the Digital Environment

Question 1

Cyberspace theories

Cyberlibertarianism

1/3 main theories

Answer 1

= cyberspace is a separate sovereign space where real-world laws and real-world governments are of little or no effect

Weakness
- Because the internet is borderless, there is no efficient internal regulation
- The user is not physically in the “new sovereign state” so they are still under territorial jurisdiction

Consequences
- Regulatory Arbitrage : If content is prohbitied in one country, you can still access it outside of the country

Question 2

Cyberspace theories

Cyberpaternalism

2/3 Main theories

Answer 2

= states can regulate evrything i.e China –> Cyberspace is not immune from regulatory invention by real-world regulators

Question 3

Cyberspace theories

Network Communitarianism (Murray)

3/3 Main theories

Answer 3

= The relationship between the digital environment and real life is a more fluid affair

Problem
* The development of micro communities is impossible without the opportunity to flow

Characteristics
1. Sees the individual as having a more active, communal role
2. Argues that Cyberpaternalism fails to connect the modalities of the internet
3. The community plays an active role in Lessig’s modalities (- Architecture!!)

Question 4

Cyberspace theories

Immediary and Platform Regulation

1/3 Mix Models

Answer 4

NOTE : Cyberpaternalism + Cyberlibertarianism

Previously
- General service providers were not liable and no general obligations were imposed on them

Now
- Terms and Conditions must include information relevant to the customer as well as algorithmic decision-making and human review –> MUST MAKE IT PUBLIC!

Question 5

Cyberspace theories

Libertarian Paternalism Behaviour Regulation

2/3 Mixed theory

Answer 5

Cyberpaternalism + Network Communitarianism

When you give people free choice they are sometimes not rational and therefore, there is a need to interfere with their behvaiour

Positive Nudging
Influencing choices through architecture eg. fly in urinal at Schipol
- Usually done by the government a.k.a for the benefit of society

Dark Patterns i.e. Negative Nudging
- The opposite
eg. Countdown timer when shopping
- Mostly for corporate benefit

Question 6

Cyberspace theories

Algorithmic Regulation

3/3 Mixed Theories

Answer 6

All 3 combined! - Taking out the humand replacing it with automation

• Encoded procedures for transforming into a desired output, based on specific calculation
• Algorithmic decision making

Types:
1. Fixed /Recognition
2. Learning Algorithms

Question 7

What is the role of intermediaries and platform regulators

Answer 7

• Information flows across the network, intermediaries carry, filter, catalog the data for use
• Makes use of the algorithm to selectively assume the information a user would want to see (like microtargeting) a.k.a intellectual isolation

Question 8

What are the three regulators of cyberspace

Answer 8

1. Private regulators
2. State regulators
3. Supranational regulators

Question 9

Lessig’s 4 Modalities of regulation

Cyberpaternalism - expansion from reidenberg

Answer 9

Architecture = constrains through blocks and obstacles

Market = contrains through adding values on certain things

Norms = constrains through fear of ostacization

Law = constrains through the threat of being punished

Weakness
- We have no influence in the tech world

Question 10

Joel Reidenberg

First theorist of cyber paternalism

Answer 10

• argued that there should be contractual agreements from ISP
• new architecture needs to be made that is within our control

Theory : Lex informatica
- Primary sources of default rule-making are technology developers

Consequence
- Attributes of public oversight associated with regulatory regimes could be maintained by shifting the focus of gov. away from direct regulation of cyberspace towards influencing changes in its architecture