Patterns of Legalization in the Internet: Do We Need a Constitutional Theory for Internet Law?

2012 ◽  
Author(s):  
Osvaldo Saldías
Keyword(s):  
The Internet ◽  
Constitutional Theory ◽  
Internet Law

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.

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.

Is Facebook the Internet? Ethnographic Perspectives on Open Internet Governance in Brazil

2020 ◽  
Vol 45 (4) ◽  
pp. 1093-1112
Author(s):  
Jeffrey Omari
Keyword(s):  
Low Income ◽  
Internet Access ◽  
Online Privacy ◽  
The Internet ◽  
Net Neutrality ◽  
Internet Governance ◽  
Mobile Data ◽  
Rhetorical Question ◽  
Internet Law ◽  
The Right

This article explores the ideals of open Internet governance in Brazil. I examine Brazil’s Internet law, the Marco Civil da Internet (MCI), which promotes the right to Internet access, online privacy, and net neutrality. The MCI’s ideals of a free and open Internet are challenged by Internet companies, such as Facebook, which offer “zero-rating” promotions that provide limited, free mobile data to low-income subscribers. I juxtapose the ideals of openness embodied in the regulatory sphere of the MCI with those of Brazil’s cultura livre (free culture) movement to show the ascendance of open values in Brazilian governance and culture. Accordingly, I employ the rhetorical question, “Is Facebook the Internet?” to demonstrate the ways in which commitments to open Internet governance, expressed in both the cultural and regulatory realms, run counter to the more proprietary ideals of the transnational tech community.

Draft Once; Deploy Everywhere? Contextualizing Digital Law and Brazil’s Marco Civil da Internet

2017 ◽  
Vol 19 (5) ◽  
pp. 431-447 ◽  
Author(s):  
Guy T. Hoskins
Keyword(s):  
Civil Rights ◽  
Recent History ◽  
The Internet ◽  
Digital Rights ◽  
Internet Policy ◽  
The World ◽  
History Of ◽  
Internet Law ◽  
Effective Transfer ◽  
Digital Law

On Congressional approval in 2014, Brazil’s charter of civil rights for the Internet, the Marco Civil da Internet, was widely acclaimed as a template for national Internet policy elsewhere in the world. This was the result of a phenomenon I dub “draft once; deploy everywhere,” a pervasive belief in the universality of Internet law. This presumption underpins multiple charters of Internet rights drafted by digital rights organizations and policymakers. By showing how the Marco Civil was bitterly contested by blocks of powerful actors, the role played by Brazil’s recent history of dictatorship as well as its status at the margins of the global digital economy, I problematize the Marco Civil’s status as a global blueprint. This matters because without proper contextualization, the effective transfer of Internet law across national jurisdictions will be harder to realize, and their democratic virtues will prove more elusive.

scholarly journals THe principles of internet-law

2016 ◽  
Vol 3 (2) ◽  
pp. 144-154
Author(s):  
A V Danilenkov
Keyword(s):  
Rapid Development ◽  
Case Law ◽  
Soft Law ◽  
The Internet ◽  
Domain Names ◽  
European Court ◽  
The Subject ◽  
Internet Law ◽  
Enforcement Activity

The article is focused on the analysis of the genesis and legal meaning of the Internet-law principles within the framework of the international and national public order; the author substantiates and lays out the classification of those principles; the adoption of the international law act to incorporate the fundamental Internet-law principles is envisaged. The author castigates some positions and views, circulating in the law science, which purport to attribute the Internet-law principles with the so-called «soft law» tag, being of opinion that such meta-juridical assumptions and easiness may impede doctrinal evaluation of Internet-law as evolving area of law and lead to the obscurantism in the field of the scientific legal knowledge about the subject matter and method of Internet-law as well as the substantive characteristics of the relations, governed by its norms. In order to bolster up his thesis the author refers to the practice of sanctioning the «fair customs» in the area of registration and use of the domain names and the rapid development in the last decade of the international legislation and case law including the numerous decisions of the European court for human rights re privacy and etc. which completely overturns the concept of the Internet-law as stuck in the rudimentary standing of the «soft law». Author also substantiates the argument that most of the Internet-law principles are formed in the course of the regulatory and law enforcement activity of the specialized organizations (such as ICANN, ITU and others) and also ensue from the coincidental practice of the states and quasi-state constituencies (such as European Union).

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.

Internet rules tighten grip without isolating Russia

2019 ◽  
Keyword(s):  
Freedom Of Expression ◽  
Traffic Monitoring ◽  
The Internet ◽  
Monitoring Equipment ◽  
Content Type ◽  
Driverless Cars ◽  
The Government ◽  
Use Of The Internet ◽  
Internet Law ◽  
The Internet Of Things

Subject Moves to shield Russia from the global internet. Significance The Kremlin says its new 'sovereign internet law' is designed as insurance against hostile external attacks, not as a 'firewall' block against the outside world. A recent poll and a 15,000-strong demonstration in Moscow show that many Russians disagree. The government aims to route up to 95% of Russian internet raffic through domestic servers by 2020. Impacts The government will use technology and penalties to stop 'subversive' use of the internet. If effectively implemented, the new law could severely limit freedom of expression online. Internet traffic monitoring equipment will reduce network speeds, affecting the 'internet of things', telemedicine and driverless cars. Stifling innovation and e-commerce will have wider economic impacts.

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.

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