scholarly journals The Normative Order of the Internet

2020 ◽  
Author(s):  
Matthias C. Kettemann
Keyword(s):  
The Internet ◽  
Centrifugal Forces ◽  
Technical Standards ◽  
Structural Problems ◽  
Normative Order ◽  
Internal Coherence ◽  
Internet Law ◽  
Self Learning ◽  
Rule Making ◽  
Different Levels

Online anarchy? Far from it: as this study convincingly shows, norms matter online. In a tour de force, internet law expert Matthias C. Kettemann analyses the genesis, ontology, and legitimation of rule and rules on the internet. Innovatively, the study establishes the emergence of a normative order of the internet, an order that integrates norms materially and normatively connected to the use and development of the internet at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Centrifugal forces contribute to normative redundancies (“normative froth”), real conflicts of norms between regulatory layers and geographically bounded normative spheres (“normative friction”), substantial structural problems (“normative fractures”), and political, commercial, and technological fragmentation of the internet. But these forces of normative disorder can be countered. As the study impressively shows, a normative turn has taken place on the internet. The rules on rule-making that have developed within the normative order of the internet explain, predict, and legitimize the creation of new norms through processes of self-learning normativity. These norms are then assessed for their internal coherence, consonance with other order norms, and consistency with the order’s finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. Thus a theory of normativity (“of the law”) that goes back to Kant needs to be fundamentally rethought: with norm-based self-organization as the principle of life that enables the transcendental constitution of normativityon the internet.

The Autonomy of Law and the Formation of Network Standards

2004 ◽  
Vol 5 (6) ◽  
pp. 639-668 ◽  
Author(s):  
Thomas Vesting
Keyword(s):  
Modern Society ◽  
The Internet ◽  
Technical Standards ◽  
Nation States ◽  
Political Interests ◽  
The Media ◽  
Software And Hardware ◽  
Internet Law ◽  
Rule Making

In the recent discussion on Internet law and regulation it has often been argued that technical standards have a significant impact on the variety and diversity of the Net's communication flows. This Article extends this argument, focusing on the ability to constrain Net communication through “code” and “architecture” imposed by network technology, i.e., by a source of rule-formation and rule-making beyond the traditional law of nation-states. Although I am generally sympathetic to the position that a novel “Lex Informatica” poses new legal and political challenges for nation-states, it should, however, be clear from the outset that the attention for “code” and “architecture” is something different to a paraphrase of the ever-expanding role of technology in modern society. This has to be emphasized because the discourse of “the technological”, which was already a prominent subject in the anti-modernist debate during the Weimar Republic, still casts a shadow on the contemporary legal discussion about the role of technical standards on the Internet. Lawrence Lessig, for example, confronted with a strict anti-governmentalism of cyber-libertarians in the mid-nineties, argues inCode and other Laws of Cyberspacethat the Internet is regulated by “code”, i.e. “the software and hardware that make Cyberspace what it is”. “Code” itself is embedded in an environment of economic power and corresponding political interests. In a nutshellLessigpaints a picture in which the Internet is developing towards an intolerable density of control by powerful coalitions of technical experts and economic enterprises. This view may be convincing in some respects, but with his accent on “code”, Lessig comes very close to the anti-modernist reaction to the growing significance of film and radio in the early 20th century, inasmuch as both strands are based on the misconception of a technological superstructure steering the (media) world and its further evolution.

scholarly journals Conclusions

2020 ◽  
pp. 305-310
Author(s):  
Matthias C. Kettemann
Keyword(s):  
The Internet ◽  
Technical Standards ◽  
Normative Order ◽  
Different Levels

The concluding chapter sums up the main themes of the book: this study has established the emergence of a normative order of the internet. This order integrates norms that are materially and normatively connected to the use and development of the internet at three different levels (regional, national, and international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). The consideration of the initial hypotheses, as addressed in the preceding chapters, is summarized and brought together here, demonstrating the logical progression and overall coherence of the study’s discussion, arguments, and final conclusions.

Transnational Internet Law

2021 ◽  
pp. 418-436
Author(s):  
Christopher Marsden
Keyword(s):  
Private Information ◽  
The Internet ◽  
Network Neutrality ◽  
Technical Standards ◽  
International Networks ◽  
Legal Standards ◽  
Monetary Value ◽  
Legal Nature ◽  
Lex Mercatoria ◽  
Internet Law

The greatest, and certainly to a Westphalian nation-state-centered universe most revolutionary, challenge for regulation is the increasing co-operation between national, regional, and international networks of regulators, to regulate the internet. Reidenberg coined the term “lex informatica” to explain its transnational legal nature, based on Berman and Kaufman’s analysis of mediaeval lex mercatoria, rather than Jessup’s transnational law. This chapter briefly considers the technical standards that permit inter-networking and thus the internet, then examines how standards—including commercial and legal standards—have created a transnational lex informatica. The chapter then focuses on two phenomena of the transnational internet law evolution. The first is governance by contract for all commercial transactions, even those that are ostensibly free of monetary value, in which the contractors are trading private information for advertising revenue. The second is the “open internet,” laws protecting some aspects of network neutrality.

scholarly journals "When I am in Japan, I feel as though I'm not disabled": A cross-cultural adjustment study of trainees with disabilities from Asia-Pacific regions

2016 ◽  
Vol 36 (4) ◽  
Author(s):  
Miho Iwakuma ◽  
Masako Okuhira ◽  
Satomi Nasu
Keyword(s):  
Cultural Adjustment ◽  
Cross Cultural ◽  
Asia Pacific ◽  
The Internet ◽  
Previous Knowledge ◽  
Individuals With Disabilities ◽  
Host Culture ◽  
Adjustment Processes ◽  
The Cross ◽  
Different Levels

This study aims to examine the cross-cultural adjustment processes of trainees with disabilities from Asia-Pacific regions, with the aim to explore factors that influence cross-cultural adjustments and uncover experiences by individuals with disabilities. We interviewed a total of 13 trainees, some of whom were interviewed multiple times. Several factors (e.g., affluence of the Japanese lifestyle, maintaining contact with home via the Internet, and/or previous knowledge of the host culture) greatly affected their transitions to Japan. Notably, participant adjustments were made on several different levels, including physical, social, and attitudinal.

scholarly journals The Future of Law Reviews and Legal Journals From a Student Editor's Perspective

2002 ◽  
Vol 2 ◽  
Author(s):  
Bradley J. Martineau
Keyword(s):  
The Internet ◽  
Academic World ◽  
Technological Advances ◽  
The Future ◽  
Internet Law ◽  
Academic Resources

 Law reviews and legal journals have been part of the legal academic world for more than a century. [1] These legal publications are unique because they are completely run by students. However, over the last few decades, law reviews and legal journals have been highly criticized, and some critics even predict their demise. [2] If law reviews and legal journals expect to survive and remain valuable academic resources, then certain changes need to be made, and these changes are the responsibility of the student editors. Although some legal publications are making changes for the better, such as publishing online, more can be done to improve these student-run publications. By taking advantage of technological advances, especially the Internet, law reviews and legal journals can reduce the time it takes to publish an issue. In addition, these technological advances allow legal publications to offer many new features and services for both the authors and the readers. However, updating a publication with these new technological advances can be expensive. Thus, law reviews and legal journals need to generate more income from other sources than just subscriptions.

scholarly journals Introduction

2020 ◽  
pp. 1-19
Author(s):  
Matthias C. Kettemann
Keyword(s):  
Internet Governance ◽  
Key Concepts ◽  
Methodological Approaches ◽  
Normative Order ◽  
Internet Law

The chapter introduces the book’s key themes. Regulating communicative spaces is shown to be a historical constant. The chapter then situates the study within internet scholarship and defines key concepts, such as internet, internet law, internet governance, and the concept of normative orders. Next, it sets out the six hypotheses that are tested, developed, and ultimately upheld in the study, followed by an explanation of the methodological approaches taken for the analysis contained within each chapter. The chapter also contains an overview of the study’s chapters, including sections on the genealogy, ontology, legitimacy, finality, and impact of the internet’s normative order.

Contextualizing sovereignty: A critical review of competing explanations of the Internet governance in the (so-called) Russian case

First Monday ◽  
2021 ◽  
Author(s):  
Polina Kolozaridi ◽  
Dmitry Muravyov
Keyword(s):  
Critical Review ◽  
Political Regime ◽  
The Internet ◽  
Internet Governance ◽  
Historical Account ◽  
Precise Meaning ◽  
History Of ◽  
Internet Law

In reference to Russia, the concept of “Internet sovereignty” is commonly used to evoke the state’s efforts to tighten its control over the Internet in order to consolidate a non-democratic political regime. Many scholars have discussed Russia’s “sovereign Internet law,” adopted in 2019, yet the precise meaning of both “sovereign” and “Internet” in this context has largely been overlooked. In this article, we attempt to problematize the use of both concepts by drawing on the history of the Internet in Russia to accentuate the structural asymmetries of power in “global” Internet governance. We argue that Russia’s Internet sovereignty claims, grasped in the context of these asymmetries, can be seen as an expression of counter-hegemonic tendencies. Moreover, a historical account of the Internet’s transformation in Russia problematizes a conception of “Internet sovereignty” as unitary and unchanging.

Zweitlotterien

2021 ◽  
Author(s):  
Hauke Gärtner
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
Regulatory Framework ◽  
The Internet ◽  
German State ◽  
State Lottery ◽  
State Behaviour ◽  
Different Levels ◽  
Law Making

“Secondary lotteries” distributed by private operators without a German license via the Internet allow players to bet on large national and international lotteries without participating in them – and threaten the billions generated by the German state lottery monopoly. The present study comprehensively analyses the regulatory framework for lottery betting in Germany, which is characterised by considerable shortcomings regarding law making and enforcement. The interaction of the different levels of regulation – the German State Treaty on Gambling, European Union and constitutional law – as well as the special requirements for the coherence and consistency of state behaviour in the gambling sector are explained in detail.

Using I-D maps to Represent the Adoption of Internet Applications by Local Cricket Clubs

2011 ◽  
pp. 80-94 ◽  
Author(s):  
Scott Bingley ◽  
Steven Burgess
Keyword(s):  
Decision Process ◽  
Third Party ◽  
The Internet ◽  
Internet Applications ◽  
Visual Aid ◽  
Use Of The Internet ◽  
The Uk ◽  
Use Of Internet ◽  
Online Statistics ◽  
Different Levels

This chapter describes the development of a visual aid to depict the manner in which Internet applications are being diffused through local sporting associations. Rogers’ (2003) Innovation-Decision process stages, specifically the knowledge, persuasion, adoption and confirmation stages, are used as the theoretical basis for the aid. The chapter discusses the Innovation-Decision process as an important component of Rogers’ (2003) Innovation Diffusion approach. It then outlines the particular problem at hand, determining how best to represent different sporting (cricket) associations and their adoption and use of Internet applications across the innovation-decision process stages. Different data visualisation approaches to representing the data (such as line graphs and bar charts) are discussed, with the introduction of an aid (labelled I-D maps) used to represent the adoption of different Internet applications by cricket associations in New Zealand, Australia and the UK. The Internet applications considered are email, club websites, association and/or third party websites and the use of the Internet to record online statistics. The use of I-D maps provides instant interpretation of the different levels of adoption of Internet applications by different cricket associations.

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