Nodes and Gravity in Virtual Space - Andrew Murray
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WikiLeaks is seen as an example of the globalization of media, not the unregulability of cyberspace.
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Cyberlibertarianism: Belief that cyberspace resists government regulation due to its borderless nature, thus, only self-regulation by its users is legitimate.
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Cyberpaternalism: Argues that unregulated cyberspace is harmful, with two sub-schools:
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Cyber-realism: Cyberspace is not ungovernable; multiple jurisdictions and international cooperation (like aviation law) show regulation is possible.
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Techno-determinism (Berkman School): Looks to historical examples like Lex Mercatoria, but struggles with enforcing rules in cyberspace’s unique environment.
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Network Communitarianism: Cyberspace governance is shaped by communication within communities. Individuals (dots) actively participate in legitimizing or challenging regulation through discourse.
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Gatekeepers (ISPs, platforms) hold power in cyberspace due to control over information flow, but their legitimacy depends on either democratic transfer of authority or community recognition.
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Regulatory capacity: Gatekeepers wield significant control, but the legitimacy of their power remains questionable without proper authority or community consent.
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Gatekeepers as powerful regulators: Internet gatekeepers (ISPs, search engines) hold significant regulatory power in cyberspace, often more than state regulators, due to their control over access and communication networks.
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Distinction between capacity and legitimacy: The paper stresses that while gatekeepers have regulatory capacity, they often lack legitimacy unless this authority is either transferred from a legitimate source or recognized by the online community.
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Importance of community support: For a regulatory action to be legitimate, it must have the support of the online community through open discourse and the free flow of information.
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Proxy regulators and legitimacy: The use of gatekeepers as proxy regulators is always illegitimate unless they have gained legitimacy either through authority transfer or by community acceptance.
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Key to legitimacy: Legitimacy in regulation is not about the amount of control or mass a gatekeeper has but how that power is exercised, earned, or recognized by the community.