Jus Internet; Wikipedia and the future of law of the Internet

Wikipedia and the future of law of the Internet Joanna Kulesza presented at Wikimania 2010, Gdańsk, July 9th, 2010 Jus Internet

Problem with law and the Internet

„ Shape” of law J. Kulesza, Ius Internet

„ Shape” of the Internet J. Kulesza, Ius Internet

Law and the Internet? J. Kulesza, Ius Internet

How to rule the cyberspace? alternative solutions

„ civic virtue” 1998

David G. Post
UCLA Online Institute for Cyberspace Law and Policy
Law and Borders - the Rise of Law in Cyberspace , Stanford Law Review 1996 , no. 48
The New ‘Civic Virtue’ of the Internet , The Emerging Internet - 1998 Annual Review of the Institute for Information Studies, Washington 1998
In Search of Jefferson’s Moose – Notes on State in Cyberspace , Oxford, 2009
Autonomous law of cyberspace J. Kulesza, Ius Internet

system based on territorial boarders doesn’t work in cyberspace
democracy has devaluated
a need to create special rules for on-line actions  a set of basic rules , common to all „cybernauts”
the carriers of „statehood” (~nationality) in cyberspace are its groups, „cyber-communities”
„ netizenship ” would result from membership to one of the cyber-communities, based on the choice of the „cybernaut”
autonomy of cyber-communities

development of a scheme for „ civic virtue ” , as basis for a legal regime of cyberspace
a decentralized, diversified and complex model, just as the Internet itself
rules common to all cyber-communities would form the contents of „civic virtue”
neccesary:
internalisation
legitimisation

„ hybryd economy” 2009

Hybryd economy
new economic model, located between:
commercial economies and
sharing economies
J. Kulesza, Ius Internet Lawrence Lessig Remix: Making Art and Commerce Thrive in the Hybrid Economy , 2009 Yochai Benkler The Wealth of Networks , 2009

Commercial economy J. Kulesza, Ius Internet

Sharing economy J. Kulesza, Ius Internet

Difference? J. Kulesza, Ius Internet I’ll give you $20 if you make it all the way! Can you teach me how to skate? Sure! But it will cost you $5.

Hybryd economies
arose with the increase of popularity of the Internet
not based on money, however it plays an important role therein ( Ch . Anderson , Free: The Future of a Radical Price , 2009 )
„ LEGO mechanism”
J. Kulesza, Ius Internet

Wikinomics
D. Tapscott, A. D. Williams, Wikinomics: How Mass Collaboration Changes Everything , 2008.
four principles of Wikinomics :
openness
peering
sharing
acting globally

Freeconomy
Ch . Anderson , Free: The Future of a Radical Price , 2009
„ There's no such thing as a free lunch . ” M. Friedman
new role of money? new evaluation criteria?
motivation for „free” labour?
neccesity to search for new ways of making profit

How does hybryd economy work?

Wikipedia principles
Robustness principle ( Postel's Law ) :
Be conservative in what you do; be liberal in what you accept
Three original principles:
minimum of rules :
ignore all rules if they hinder creating a good encyclopaedia
no „warden s ”
no copyright infringement
NPoV
2. discussion (a discussion page)
3. people

Five Wikipedia pillars
Wikipedia is an encyclopedia .

Wikipedia has a neutral point of view .

Wikipedia is free content that anyone can edit and distribute.

Wikipedians should interact in a respectful and civil manner .

Wikipedia does not have firm rules besides the five general principles presented here

Wikipedia – problem solving
discussion (common ground reached through compromise not through a majority vote)
mediation
„ locks” on controversial entries
blocking vandals
sharing of responsibilites among users (editors)

Wikipedia – a symbol of success
over 15 million articles (over 3.3 million in English)
up-to-date information (entries on latest news)
in-depth research behind controversial entries
Nature 2005 report: equal number of mistakes found on Wikipedia and Encyclopaedia Britannica

Wikipedia – a summary
Wikipedia – a social structure?
„ netizenship”
common goals and interests
subsidiarity
Creative Commons licenses
semiotic democracy
QUALITY over QUANTITY

Law of cyber-communities Law of cyberspace

Cyber-communities
Community is a group of individuals with a common goal and interests , where social ties and relations form a complete and ordered scheme

Cyber-community is a community based on a particular form of communication (Internet) with a common rules, the breach of which may cause restriction of member rights or elimination from the group

Law of cyber-communities?
How to identify rules common to all cyber-communities?

Law of the nations – jus gentium
Jus gentium – in Roman Empire a customary regulation , used to shape the relations among the non-citizens
based on two pilars:
mutual trust ( fides)
equity ( aeguitas)

Law of the nations – jus gentium
contents of the jus gentium norms were shaped by two sets of rules:
law of nature (rules common to all humans) and
religious law
the custom allowed for the creation of positive law:
 international law

Law of cyber-communities – jus Internet
rules common to all cyber-communities
contents: ethical norms common to all cyber-communities (D. Post: „civic virtue”)
form: custom , eventually evolving into statutory law
way of implementation : computer code (L. Lessig: „on the Internet code is law”)
source of power : common interest , eventually: force of law (Internet Framework Convention)

Thank you for your attention Jus Internet Wikipedia and the future of law of the Internet Joanna Kulesza [email_address]

Jus Internet; Wikipedia and the future of law of the Internet

by Joanna on Jul 08, 2010

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Jus Internet; Wikipedia and the future of law of the Internet Presentation Transcript