Transcript Law in the Information Age

Topic 1:
Introduction
Law and the legal system
‘The Information Age’ (1.0)
Web 2.0, Internet 2.0, Gov 2.0…
Two
centres
See outline
2 hours intro – classical info age law
1 hour Web 2.0 law – your input?
 See
outline
Interactive: ask, discuss
Intensive: start
now!
80%
rule
6
UoC
80+ hrs (3 x 2 x 6 = 24 +
prep/write)
Media
Diary 40
Research essay 60 or
Online contribution 60
Required
Other
Times
Note
taker
l
l
l
What is convergence?
Fluidity
Opportunities and risks
l
Examples:
l Spam: one Act, simple
l Internet Content regulation: Acts,
Regs, Codes, cases: complex
Cases
Laws
(legislation) & regulations
‘Code’ and Codes
(Lessig: business practice, norms)
 Decisions
of a court
 Specifics of the case: people, actions
 Specifics of jurisdiction: where, what
 Specifics of time and date: when
 Read ‘full text’? Primary legal document
 Commentary, summaries, media reports
 Principles, rules, interpretations, changes
 Decisions
of a legislature: Parliament, Congress
 Process: Review, Bill, Debate, C’tee, Amend, Act
 Specifics of an Act: sections, definitions
 Specifics of jurisdiction: where, what, who
 Specifics of date: start, end? Amend? Repeal?
Replace?
 Read ‘full text’? Primary legal document
 Commentary, summaries
 Principles, specific requirements; Regulations
 Laws
are made by politicians
 Politicians do politics, not science,
common sense, or ‘fairness’
 Media can drive politics
 Spin can turn black into white
 Laws can affect media owners and
journos
 New technology can change the rules
 Politics can re-make the rules
 Media Watch, Hollow
Men,
 Who is writing, what is their interest
 Commercial, political, other?
 Conflict of interest?
 Sources? Spin? Manipulation?
 Clues?
 Assertions, factoids, original
documents…
 NBN: Telstra
v govt?
 iiNet case: US movie industry v. ISPs ©
 Internet filter proposal
 Digital TV / ‘Freeview’: why need to sell
it?
 Computers for schoolies: issues, risks?
 User-Generated content: issues, risks?
Lack of info balance about costs and risks
 ANPR – why no stories? cf. Streetview
Start thinking of media story sources for your diary!
Check outline for contact info
After the break
Tech changes
Legal changes
Offline world was nice and simple, for regulators
 Web 1.0: global publication, old media/publish
models
 Web 2.0: social networking, user generated
content

• Convergence of producer and consumer, + distributor

Web 3.0?: mass personalisation, semantic web
• It’s not just your friends who know you and what you mean

Attack of the killer toddlers – we are so old
• Hackers retire at 15, kids turning filter tables on parents,
slash
• Facebook does not enforce own rule of at least 13 yrs old

Cyberlibertarian fantasies still delude and excite

Reality: Jurisdiction out of control, hyper liability (for you)
• Intensification not escape from jurisdiction (revenge of the States)

Or: no care, and no responsibility? (for the cloud)
• Your data and business go offshore, but not legal protection

The rise of the sub-human: minors at the frontier
• Deficit in ‘consequences’ cognitive development: paternalism?
• ‘Under the age of 18 or appears to be under 18’

The fall of the ‘common carrier’: ISPs’ change masters?
• Agents of a foreign power, or a hostile litigant interest?
• Enforced discipline of their customers, on pain of sharing liability.
Reader
Producer
Importer
Block
here?
Publisher
Block
here?
Viewer
Listener
Producer
Publisher
Reader
Producer
Publisher
Reader
Producer
Publisher
Reader
Producer
Publisher
Reader
Producer
Publisher
Reader
ISPs: the new block point
Do the definitions or tests of 1.0/2.0/3.0 work?
‘Storm in a teacup’?
Or the ‘game changer’?