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 Limits of legal regulation include costly or impossible enforcement; jurisdictional problems; fast change and outdated rules; a serious knowledge gap; value clashes; and unintended consequences or regulation.[…]

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[…]

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[…]

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[…]

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[…]

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[…]