Cyberspace As Place And The Tragedy Of The Digital Anticommons
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Cyberspace As Place And The Tragedy Of The Digital Anticommons
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Author : Dan Hunter
language : en
Publisher:
Release Date : 2015
Cyberspace As Place And The Tragedy Of The Digital Anticommons written by Dan Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Cyberspace was once thought to be the modern equivalent of the Western Frontier, a place, where land was free for the taking, where explorers could roam, and communities could form with their own rules. It was an endless expanse of space: open, free, replete with possibility. This is true no longer. This Article argues that we are enclosing cyberspace, and imposing private property conceptions upon it. As a result, we are creating a digital anti-commons where sub-optimal uses of Internet resources is going to be the norm. Part I shows why initial discussions of cyberspace as place have mistaken the idea of how we think about cyberspace, with the normative question of how we should regulate cyberspace. It suggests that we can bracket the normative question, and still answer the descriptive question of whether we think of cyberspace as a place. Part II then examines the lessons of recent cognitive science, and demonstrates the importance of physical metaphors within our cognitive system. It then examines the evidence of our use of a physical metaphor, "cyberspace as place", in understanding online communication environments. Part III focuses on the unacknowledged, and unrecognized, influence that this metaphor has had on the development of the legal framework for the Internet. It examines tortious, criminal, and constitutional law responses to cyberspace, and concludes that the metaphor of "cyberspace as place" exercises a strong, and unrecognized, influence on the regulatory regimes of cyberspace. Part IV details the implications of this observation and shows why they are extremely troubling. The conception of "cyberspace as place" leads to the implication that there is property online, and that this property should be privately owned, parceled out, and exploited. Though private ownership of resources of itself is not problematic, it can lead to the opposite of the tragedy of the commons: the tragedy of the anti-commons. Anti-commons property occurs when multiple parties have an effective right to preclude others from using a given resource, and as a result no-one has an effective right of use. Part IV argues that this is precisely where the "cyberspace as place" metaphor leads. We are moving to a digital anti-commons, where no-one will be allowed to access competitors' cyberspace "assets" without some licensing, or other transactionally-expensive (or impossible), permission mechanism. The Article shows how the "cyberspace as place" metaphor leads to undesirable private control of the previously commons-like Internet, and the emergence of the digital anti-commons. As we all come to stake out our little claim in cyberspace, then the commons which is cyberspace is being destroyed.
Law And Society Approaches To Cyberspace
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Author : Paul Schiff Berman
language : en
Publisher:
Release Date : 2017
Law And Society Approaches To Cyberspace written by Paul Schiff Berman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Front cover -- Contents -- Acknowledgements -- Series Preface -- Introduction -- [1] -- [2] Communications Revolutions and Legal Culture: An Elusive Relationship -- [3] Cyberspace as Place and the Tragedy of the Digital Anticommons -- [4] -- [5} -- [6] -- [7] -- [8] -- [9] -- [10] -- [11] -- [12] -- [13] -- [14] -- [15] -- [16] -- Name Index -- Examined Lives: Informational Privacy and the Subject as Object -- Virtual(ly) Law: The Emergence of Law in LambdaMOO.
Law And Society Approaches To Cyberspace
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Author : Paul Schiff Berman
language : en
Publisher: Routledge
Release Date : 2017-11-28
Law And Society Approaches To Cyberspace written by Paul Schiff Berman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-28 with Law categories.
During the past decade, the rise of online communication has proven to be particularly fertile ground for academic exploration at the intersection of law and society. Scholars have considered how best to apply existing law to new technological problems but they also have returned to first principles, considering fundamental questions about what law is, how it is formed and its relation to cultural and technological change. This collection brings together many of these seminal works, which variously seek to interrogate assumptions about the nature of communication, knowledge, invention, information, sovereignty, identity and community. From the use of metaphor in legal opinions about the internet, to the challenges posed by globalization and deterritorialization, to the potential utility of online governance models, to debates about copyright, free expression and privacy, this collection offers an invaluable introduction to cutting-edge ideas about law and society in an online era. In addition, the introductory essay both situates this work within the trajectory of law and society scholarship and summarizes the major fault lines in ongoing policy debates about the regulation of online activity.
Information Environmentalism
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Author : Robert Cunningham
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-09-26
Information Environmentalism written by Robert Cunningham and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-26 with Business & Economics categories.
øInformation Environmentalism applies four environmental analytical frameworks _ ecology, Šthe commons�, public choice theory, and welfare economics _ to the information environment. The book neatly captures the metaphorical relationship between the ph
Research Handbook On International Law And Cyberspace
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Author : Tsagourias, Nicholas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-14
Research Handbook On International Law And Cyberspace written by Tsagourias, Nicholas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-14 with Law categories.
This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.
Cyberwar
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Author : Jens David Ohlin
language : en
Publisher:
Release Date : 2015
Cyberwar written by Jens David Ohlin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Computers categories.
Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyzes the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.
Cyberspace Law
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Author : Raymond S. R. Ku
language : en
Publisher: Aspen Publishing
Release Date : 2020-02-04
Cyberspace Law written by Raymond S. R. Ku and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-04 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Fifth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law and is the only one that presents the study of cyberspace law as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age. The organization of the casebook also allows instructors to adapt the materials to their approaches. Through real world problems students are encouraged to approach the materials as attorneys responding to needs of clients and makers of policy, rather than as passive readers of judicial opinions. The Fifth Edition reflects all major changes in the subject including extensive additions of U.S. Supreme Court decisions discussing personal jurisdiction, freedom of speech, intellectual property, and privacy, and lower court decisions addressing Google Books and Net Neutrality. New to the Fifth Edition: South Dakota v. Wayfair, in which the Supreme Court held that local taxation of online businesses did not unduly burden interstate commerce. A new section devoted to Free Speech and the right to access online platforms: Packingham v. North Carolina, in which the U.S. Supreme Court held that the First Amendment guarantees the freedom of individuals to access websites and social media applications. Knight First Amendment Institute v. Trump, holding that President Trump’s engaged in unconstitutional viewpoint discrimination when he blocked certain users. The First Amendment relationship among media providers, subscribers, and the public from newspapers and the Right of Reply to Internet service providers and Net Neutrality. A new copyright section devoted to fair use. A new and reorganized Privacy chapter including: The Fourth Amendment protection of: geolocation data metadata A deep dive into Facebook in which the social media platform is used as a case study of data privacy regulations A new section on the European Union’s Genera Data Protection Regulation (GDPR) New cases discussing privacy torts and revenge porn New materials on the Computer Fraud and Abuse Act including: U.S. v. Nosal HiQ Labs, Inc. v. LinkedIn Corp. Pulte Homes, Inc. v. Laborer’s Int’l Union of North America A reorganized and updated chapter on Private Ordering including: Starke v. SquareTrade Materials on the European Union’s antitrust investigation and orders into Google and Amazon Professors and students will benefit from: Practical “real world” problems Flexible, logical organization that allows instructors to emphasize selected perspectives Presentation of current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge
Nonprofit Organizations And The Intellectual Commons
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Author : Jyh-An Lee
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Nonprofit Organizations And The Intellectual Commons written by Jyh-An Lee and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Business & Economics categories.
ÔThere is no issue more fundamental to the growth of the open source society than a more mature and penetrating understanding of the nature of the nonprofit organization in a digital culture. Professor LeeÕs book is essential reading to this fundamental topic, beautifully written and brilliantly conceived.Õ Ð Lawrence Lessig, Harvard Law School, US ÔJyh-An Lee provides the first comprehensive account of nonprofit organizations and their overlooked role in setting (and working around) intellectual property policy. The reader will find a wealth of information and a novel theory of NPOs as part of the IP ecosystem.Õ Ð Mark A. Lemley, Stanford Law School, US Over the past twenty years, a number of nonprofit organizations (NPOs), such as Creative Commons, the Electronic Frontier Foundation, and the Free Software Foundation have laid essential building blocks for intellectual-commons as a social movement. Through a detailed description of these NPOs and a series of in-depth interviews with their officials, this book demonstrates that NPOs have provided the social structures that are necessary to support the production of intellectual commons. By illustrating NPOsÕ role in shaping the commons realm, this book provides a new lens through which to understand the intellectual-commons environment. Protecting intellectual commons has been one of the most important goals of recent innovation and information policies. This book focuses on the NPOs that occupy an increasingly critical and visible position in the intellectual-commons environment in recent years. This detailed study will appeal to academics in intellectual property and internet law, nonprofit organizations, academics and professionals, and those involved in the Free Culture and Open Source Software Movement.
Concepts Of Property In Intellectual Property Law
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Author : Helena Howe
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-26
Concepts Of Property In Intellectual Property Law written by Helena Howe and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-26 with Law categories.
This book explores the interaction between notions of property in law and particular aspects of intellectual property law.
Cyber War And Peace
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Author : Scott J. Shackelford
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-05
Cyber War And Peace written by Scott J. Shackelford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-05 with Law categories.
The frontiers are the future of humanity. Peacefully and sustainably managing them is critical to both security and prosperity in the twenty-first century.