CYBERLAW 2002 CLASS 5 Introduction to the Problem of Regulating Cyberspace - How Should Internet Activity Be Regulated, and Who Should Regulate It? September 11, 2002

Sept 11:The Problem of Cyberterrorism

Cyberspace vs. “Real Space” Should (or must) regulation of conduct in cyberspace differ from regulation of conduct in “real space”? Why or why not?

Terrorist Activities on the Internet How are terrorism and the Internet related?

Terrorist Activities on the Internet How are terrorism and the Internet related? Internet: a forum for terrorist groups and individual terrorists to spread their messages of hate and violence and communicate with each other Attempts to attack Internet and computer networks (“cyberterrorism”)

Terrorist/Hate Sites The U.S. First Amendment – much of the speech on these sites is protected

The Problem of Regulating the Internet Why is cyberspace hard for governments to regulate (think of Lessig’s four stories) Who currently regulates telecommunications other than Internet communications? How? Who currently regulates the Internet? What is “convergence”? What effect should convergence have on the regulation of telecommunications generally?

How Should Cyberspace Be Regulated, If At All? Libertarian theories (Post) Opponents of libertarianism (Lessig) What does Lessig mean by the statement: “Code is law”?

Lessig vs. Post To what extent do Lessig and Post agree on the question of regulation of conduct in cyberspace? How do they disagree? Whose approach do you find more convincing – Lessig’s or Post’s? Why?

Cyberspace vs. “Real Space” Should (or must) regulation of conduct in cyberspace differ from regulation of conduct in “real space”? Why or why not?

Terrorist Activities on the Internet How are terrorism and the Internet related?

Terrorist Activities on the Internet How are terrorism and the Internet related? Internet: a forum for terrorist groups and individual terrorists to spread their messages of hate and violence and communicate with each other Attempts to attack Internet and computer networks (“cyberterrorism”)

Terrorist/Hate Sites The U.S. First Amendment – much of the speech on these sites is protected

Nicholas Negroponte: Being Digital (1995) Who is Nicholas Negroponte? What does “being digital” mean for Negroponte? Why are bits of information valuable? What differences exist in production/distribution of bits in contrast to atoms?

Negroponte: The Future “Bits are not edible; in that sense, they cannot stop hunger. Computers are not moral; they cannot resolve complex issues like the rights to life and to death. But being digital, nonetheless, does give much cause for optimism.” Do you agree or disagree? Why? Different views: see Cass Sunstein Republic.com; Neil Postman,Techopoly (1992)