Law in the Internet Society

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AndreiVoinigescuPaper1Internet20 9 - 18 Nov 2008 - Main.AndreiVoinigescu
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Factions in a Digital Age

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Introduction

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In The Federalist No. 10, James Madison warned of the threat posed by factions to self determination through democratic governance. Factions are groups whose interests are adverse to the rights of other citizens and the permanent interests of the community. While Madison understood the need to keep factions from usurping the power of the state, the march of technology has made it evident that state coercion is neither the sole nor the most ominous mechanism of control over human behavior. Just as the American Constitution seeks to limit the power of factions by incorporating principles of federalism, separation of powers and bicameralism into the architecture of the state, so too must we now look to the architecture of the internet as a means of diffusing the power technology grants to factions. We can--and should--phase in a new network where ownership and control over the switches is maximally dispersed.
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In The Federalist No. 10, James Madison warned of the threat posed by factions to civil rights and the public good. While Madison understood the need to keep factions from usurping the power of the state, the march of technology has made it evident that misuse of the state's coercive power is not the only threat to individual rights. Just as the American Constitution seeks to limit the power of factions within the political process by incorporating principles of federalism, separation of powers and bicameralism into the architecture of the state, so too must we now look to the architecture of the internet as a means of diffusing the power technology grants to factions. We can--and should--phase in a new network where ownership and control over the switches is maximally dispersed.
 
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How Technological Change Threatens Democracy and the Rule of Law

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How Technological Change Threatens Civil Rights and Self Governance

 Lawrence Lessig has identified four mechanisms though which human behavior is controlled: laws, social norms, market forces, and physical architecture. Physical architecture is a far more powerful means of regulation than law: physical architecture creates self-enforcing ex-anti constraints, while law can only threaten ex-post punishment and requires a complex bureaucracy to enforce. Laws against drunk driving are less effective then breathalysers hooked to the ignition switch.

For activities conducted over networks, the code than controls the switches defines the physical architecture of the network. It prescribes what can and cannot be done on the network, which communications can get through, which are to be modified (and how), and which are simply not to be forwarded on. Modify the code on enough switches to block certain websites, and you get China's Golden Shield Project. Write code to identify subversive or unflattering text in transit, and Twitter posts by political dissidents and whistle-blowers become toothless endorsements of the regime.

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 The electromagnetic spectrum required to implement a robust wireless mesh network is becoming available. By February 17, 2009, all television stations in the United States must complete the mandatory transition from analog to digital broadcasting. Because digital transmissions are much less sensitive to to interference, there is no longer any need for large bands of 'white space'--unused electromagnetic frequencies--between digital TV channels. The FCC has already indicated its intention to leave the white space frequencies in the public domain to be used by new consumer wireless devices. As television broadcasting gives way to webcasting, more and more spectrum will be freed from its traditional use.

Conclusion

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Detailing all the salutary (and problematic) effects of distributed ownership and control over Internet switches is beyond the scope of this paper. But an internet structured to give every user an ownership stake is now technologically feasible. It is an option we should consider if we are serious about preserving democratic self-government.
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Detailing all the salutary (and problematic) effects of distributed ownership and control over Internet switches is beyond the scope of this paper. But an internet structured to give every user an ownership stake is now technologically feasible. It is an option we should consider if we are serious about preventing factions from unilaterally determining the public good and the scope of our rights.
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Revision 9r9 - 18 Nov 2008 - 21:50:40 - AndreiVoinigescu
Revision 8r8 - 18 Nov 2008 - 02:32:35 - AndreiVoinigescu
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