cmpe 25 9/6/2011 – 9/8/2011. four themes themes we will focus on themes we will focus on...

CmpE 25 9/6/2011 – CmpE 25 9/6/2011 – 9/8/20119/8/2011

Four ThemesFour Themes

Themes we will focus onThemes we will focus on• RegulabilityRegulability• Competing SovereignsCompeting Sovereigns

Themes not fully coveredThemes not fully covered• Regulation by CodeRegulation by Code• Latent AmbiguityLatent Ambiguity

ControlControl

Traditionally and historically what Traditionally and historically what has defined what can be controlled?has defined what can be controlled?• By governmentsBy governments• By companiesBy companies• By peopleBy people

What are those Limits?What are those Limits?

Borders that are physical have been Borders that are physical have been the traditional way in which those the traditional way in which those limits are defined.limits are defined.• Rivers Rivers • MoatsMoats• OceansOceans• WallsWalls• DoorsDoors

Layers of Limits and ControlLayers of Limits and Control

NationalNational• StateState

CountyCounty• CityCity

PersonalPersonal

Within each layer the sovereign gets Within each layer the sovereign gets to make the rules.to make the rules.

Within those Borders the Sovereign Within those Borders the Sovereign makes the rules.makes the rules.

Across borders different sovereigns Across borders different sovereigns make different rules.make different rules.• Different driving ages between states.Different driving ages between states.• Countries with different rules of Countries with different rules of

behavior.behavior.

Crossing the BorderCrossing the Border

Generally when you cross the border Generally when you cross the border you become subject to the rules and you become subject to the rules and control of the sovereign.control of the sovereign.• Differing rules against plagiarism. Differing rules against plagiarism.

Since most borders have been Since most borders have been physical it is easy for the sovereign physical it is easy for the sovereign to control what crosses the border.to control what crosses the border.• Customs inspection.Customs inspection.• Doors on homes.Doors on homes.

Personal SpacePersonal Space

Within many countries there are Within many countries there are rules which protect individuals within rules which protect individuals within their personal space, i.e. home.their personal space, i.e. home.• Laws against trespass.Laws against trespass.• Protection against illegal search.Protection against illegal search.

What happens within Cyberspace?What happens within Cyberspace?

Within a virtual world who makes the Within a virtual world who makes the rules?rules?

Within a virtual world is it subject to Within a virtual world is it subject to the rules of the real world?the rules of the real world?

Is a person’s behavior in a virtual Is a person’s behavior in a virtual world interesting?world interesting?• Is that behavior private or public?Is that behavior private or public?• Who has knowledge of that behavior?Who has knowledge of that behavior?

Examples in CyberspaceExamples in Cyberspace

Within Grand Theft Auto can you kill Within Grand Theft Auto can you kill or steal a car?or steal a car?

Can you steal from other players?Can you steal from other players? Do the protections of copyright exist?Do the protections of copyright exist?

• Does a mix of real world and virtual Does a mix of real world and virtual world rules make sense?world rules make sense?

Cyberspace (the Internet) makes it Cyberspace (the Internet) makes it expensive to control what crosses a expensive to control what crosses a

BorderBorder How could you control what crosses a How could you control what crosses a

border?border? Radio waves also cross borders but Radio waves also cross borders but

have limited range.have limited range.• Historically Radio Free Europe was an Historically Radio Free Europe was an

example of attempting to cross the Iron example of attempting to cross the Iron Curtain. Curtain.

The Problem of defining locationThe Problem of defining location

Given communications or Given communications or transactions over the internet transactions over the internet multiple locations are involved.multiple locations are involved.• The end points.The end points.• Intermediate points.Intermediate points.

When conducting a transaction over When conducting a transaction over the internet where does the the internet where does the transaction take place?transaction take place?

Yahoo versus the French Yahoo versus the French GovernmentGovernment

Reference “Who Controls the Reference “Who Controls the Internet?” by Jack Goldsmith and Tim Internet?” by Jack Goldsmith and Tim Wu 2006Wu 2006

BackgroundBackground• Based on the experience of World War II Based on the experience of World War II

the French Government bans the sale of the French Government bans the sale of Nazi memorabilia. Nazi memorabilia.

In 2000 Yahoo share price is $475.In 2000 Yahoo share price is $475.


In February 2000 Marc Knobel a In February 2000 Marc Knobel a French Jew who devoted his life to French Jew who devoted his life to fighting neo-Nazism found Nazi fighting neo-Nazism found Nazi memorabilia for sale on Yahoo.commemorabilia for sale on Yahoo.com

In 2000 many people believed the In 2000 many people believed the Internet was basically locationless.Internet was basically locationless.

Yahoo is charged with selling Nazi Yahoo is charged with selling Nazi goods in France.goods in France.


Yahoo believes it is not subject to Yahoo believes it is not subject to French laws.French laws.• Is it?Is it?• Where does the transaction take place?Where does the transaction take place?• What laws is Yahoo subject too?What laws is Yahoo subject too?


What are the real issues?What are the real issues? How many competing sovereigns?How many competing sovereigns?


Could the French Government stop Could the French Government stop Nazi web pages at their border?Nazi web pages at their border?

Volume just too great in relation to Volume just too great in relation to the resources available.the resources available.• Later in the semester we will see what is Later in the semester we will see what is

the Chinese government’s answer.the Chinese government’s answer.


In May of 2000 a French judge ruled In May of 2000 a French judge ruled Yahoo violated the law.Yahoo violated the law.

Yahoo rejects the ruling stating that Yahoo rejects the ruling stating that it is protected by the First it is protected by the First Amendment.Amendment.

In July Yahoo stated it was technically In July Yahoo stated it was technically impossible to comply.impossible to comply.


In November the Judge reaffirmed his In November the Judge reaffirmed his earlier ruling.earlier ruling.

Yahoo rejects the ruling.Yahoo rejects the ruling. In February of 2001 Yahoo pulls all In February of 2001 Yahoo pulls all

Nazi material from their Website.Nazi material from their Website.


Why did Yahoo comply?Why did Yahoo comply? Was Yahoo subject to French law?Was Yahoo subject to French law? Do the First Amendment no longer Do the First Amendment no longer

apply?apply?


Does this case resolve anything?Does this case resolve anything? Was the resolution still subject to the Was the resolution still subject to the

issue of borders?issue of borders?

What is the Outcome?What is the Outcome?

Does this change the traditional view Does this change the traditional view of borders and sovereignty?of borders and sovereignty?

What was the power that forced What was the power that forced compliance?compliance?

Going forwardGoing forward

What happens it money or assets are What happens it money or assets are not part of the equation?not part of the equation?

We will see later in the semester that We will see later in the semester that technology has empowered technology has empowered individuals with little or no assets to individuals with little or no assets to have a world wide impact. have a world wide impact.

cmpe 25 9/6/2011 – 9/8/2011. four themes themes we will focus on themes we will focus on...

Documents

virtual world rules

different rules of behavior

differing rules

virtual world interesting

mix of real world

different sovereigns

persons behavior

behavior private