This short essay compares and contrasts the symbiotic regulation model with Lessig's "code" model for Internet regulation. It discusses which model is preferable what advantages it has over the other.
Compare and contrast the symbiotic regulation model with Lessig's „code“ model for Internet regulation. Which model is preferable? Explain what advantages it has over the other.
Looking at the „history“ of regulation models concerning Cyberspace, there are three schools of thought that stand out. Cyber-libertarianism, Cyber- paternalism and Network Communitarianism. All of them take a different approach to the question, how Cyberspace or the Internet can be/cannot be regulated. Regulation here is defined as the attempt of the state to influence valuable behaviour by establishing, monitoring and enforcing legal rules.1 The two models that shall be looked upon here are Lessig's „Code“ model belonging to the cyber-paternalist view and Murray's model of symbiotic regulation belonging to Network Communitarianism.
Looking at Cyber-paternalism, the key message would be, that code is creating the environment that then forms Cyberspace. Therefore design enables control.2 The approach of Network Communitarianism takes into account, that Cyberspace is much more fluid, where different factors influence each other in both directions. Therefore control can also begin with a factor that is not necessarily code.
Reidenberg stated, that network architecture could be used for regulatory architecture and those technical standards can function like geographical borders.3 Building on this statement Lessing explores ways, in which code is shaping and regulating Cyberspace.
Abbildung in dieser Leseprobe nicht enthalten
The graphic above is visualizing Lessig's concept. In the centre, we find the „pathetic dot“. An individual that is regulated and on which four different factors take effect upon. These are the Market, social Norms, Laws and Architecture. Together they have the power to regulate the individual and if one changes, the regulation in total will change equally. Each of these „modalities“, as Lessing calls them, can constrain the individual. Norms constrain through social stigma whereas architecture constrains through physical/digital borders.4 He states that the constraints are „distinct, yet plainly interdependent.“5 Then he explains why each modality is closely linked to code. The Market decides which code will flourish. Law can use legal regulation of code and will become more indirect in enforcement matters. Code itself is in his opinion way more effective in regulation as code is the nature of the environment that we are looking at and hence can shape/change in a more efficient manner. Code is setting the rules of what is possible and what is impossible.6 He uses the ISP AOL as an example, where AOL governs the rules of interaction in a space created by AOL. If an individual wishes to engage in their space or anywhere in the Internet using AOL services, they must accept the terms set by AOL. These terms and the space are executed via code, so the user is effectively under the control of the environment provided by AOL.7 He concludes that „ Code is a regulator in cyberspace because it defines the terms upon which cyberspace is offered.“8 Lessig not only sees code as value but also as a tool and most importantly as the main regulator. Enforcing law indirectly, a government is then able to use code-writing as a tool of regulation, without the consequences that a direct enforcement would bring with it. 9
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1 Murray, LL204 Class 2, 9th July 2019, London
2 Murray, LL204 Class 2, 9th July 2019, London
3 Reidenberg, „Governing Networks and Rule-Making in Cyberspace“, 45 Emory Law Journal 911 (1996); J Reidenberg, ‘Lex Informatica: The Formation of Information Policy Rules Through Technology', 76 Texas Law Review 553 (1998).
4 Lessig, „Code“ version 2.0, 2006, pp. 122-124
5 Lessig, „Code“ version 2.0, 2006, p. 124
6 Murray, LL204 Class 2, 9th July 2019, London
7 Lessig, „Code“ version 2.0, 2006, p. 88
8 Lessig, „Code“ version 2.0, 2006, p. 84
9 Lessig, „Code“ version 2.0, 2006, p. 136
- Quote paper
- Katja Burg (Author), 2019, Cyberlaw. Regulatory Models for the Digital Space, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/511492