Malte Ziewitz, OII – ‘order without law’

Malte Ziewitz started from the proposition that Barlow was at least partially right: there is widespread agreement that the regulatory capacity of law is seriously constrained in cyberspace. Limits of legal regulation include costly or impossible enforcement; jurisdictional problems; fast change and outdated rules; a serious knowledge gap; value clashes; and unintended consequences or regulation. Read more about Malte Ziewitz, OII – ‘order without law’[…]

State of Play VI Governance, legitimacy, and the rule of law

I've just given a 15 minute version of my rule of law argument at the State of Play VI conference in New York. The basic point was that we are still stuck in a false dichotomy between regulation and liberty for virtual communities. I argue that we need to take a closer look at the Read more about State of Play VI Governance, legitimacy, and the rule of law[…]

Digital constitutionalism the governance of virtual communities, part 2: contract

digital constitutionalism, virtual communities, governance, contract, consent, social contract This post provides a brief outline of the contractual chapter of my PhD thesis. Comments appreciated. See Part 1 for the introductory and theoretical outline. The term 'digital constitutionalism' is used here to denote the essential values which underpin the development of legal principle as it Read more about Digital constitutionalism the governance of virtual communities, part 2: contract[…]

Digital constitutionalism: the governance of virtual communities, part 3: principles of …

digital constitutionalism, governance, virtual communities, interpretation, public interest, common law This is an outline of the third part of my thesis. Comments appreciated. See Part 1 and Part 2 for more background. Contract law may be the most prominent area of law which affects the governance of virtual communities, but it is by no means Read more about Digital constitutionalism: the governance of virtual communities, part 3: principles of …[…]

Digital constitutionalism: the governance of virtual communities, part 1

digital constitutionalism, participant rights, virtual communities, virtual worlds, governance, thesis I am finally beginning to write up my thesis. What follows is the first half of the argument I plan to present. This will hopefully provide the structure for identifying the problem and the context of the argument. Comments welcome – what have I missed Read more about Digital constitutionalism: the governance of virtual communities, part 1[…]

Mozelle Thompson on Governance

governance, public, private, End User Licence Agreements, participant rights, contract, property, facebook Photo: Andrew Feinberg, CC BY 2.0. Last week, I had the opportunity to talk to Mozelle Thompson at an event organised by QUT IPKCE and the IIA. Mozelle was a US Federal Trade Commissioner, and is now a legal adviser to Facebook. Mozelle Read more about Mozelle Thompson on Governance[…]