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MIT 6 805 - Sovereignty on the Internet

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Introduction---Page 1 Brian CristA Brief Roadmap---Page 4 Brian CristWhat is Sovereignty, Anyway?---Page 4 Betsy RosenblattComputer Networking and Sovereignty:Historical Perspective---Page 7 Chris BelandTreaties: a step up?---Page 30 Betsy RosenblattInternet Gambling – Will it bring down our sovereigns?---Page 35 Sharie MendreySovereignty Over the Structure of the Internet--Page 61 Chris BelandCurrent Efforts at RegulationThrough Technology---Page 85 Bryan Adams Chris BelandNew Architectures for Internet Governance---Page 93 Bryan AdamsChris BelandNorms as the Historical InternetGovernance Model---Page 112 Mark LeeMarkets as the Emerging InternetGovernance Mode---Page 122 Mark LeeConclusion---Page 129 Brian CristA Brief Road MapPrinciples of JurisdictionTreaties: a step up?Internet Gambling - will it bring down our sovereigns?Sovereignty Over the Structure of the InternetICANNStandards and Standards BodiesCurrent Efforts at Regulation Through TechnologyFigure 1Active Prevention Systems for ServersProposed Architecture 2: CyberzoningFigure 2Figure 2 shows how the "ZoneDNS" system might work, with accessing an online casino over the World Wide Web as an illustrative example. The "ZoneDNS hierarchy" is nothing more than the conventional DNS system with a some simple extensions that would allow DNS servers to store information about "zones."Norms as the Historical Internet Governance ModeWhat are Norms, and How They DevelopStrengthsLimitationsSample NormsMaintenance and Dissemination of NormsNorms in ActionBeyond Norm-based GovernanceMarkets as the Emerging Internet Governance ModeFree-Market Approach to Governing the InternetAssumptionsStrengthsLimitationsDifferentiation between Public Goods and Private GoodsMarketplace Interaction in ActionConclusionSovereignty on the Internet:Ways to Prevent CyberanarchySovereignty GroupBryan AdamsChristopher BelandBrian CristMark LeeSharie MendreyBetsy RosenblattTable of ContentsIntroduction---Page 1 Brian CristA Brief Roadmap---Page 4 Brian CristWhat is Sovereignty, Anyway?---Page 4 Betsy RosenblattComputer Networking and Sovereignty:Historical Perspective---Page 7 Chris BelandPrinciples of Jurisdiction---Page 13 Betsy RosenblattTreaties: a step up?---Page 30 Betsy RosenblattInternet Gambling – Will it bring down our sovereigns?---Page 35 SharieMendreySovereignty Over the Structure of the Internet--Page 61 Chris BelandICANN---Page 67 Sharie MendreyStandards and Standards Bodies---Page 83 Bryan AdamsCurrent Efforts at RegulationThrough Technology---Page 85 Bryan Adams Chris BelandNew Architectures for Internet Governance---Page 93 Bryan AdamsChris BelandNorms as the Historical InternetGovernance Model---Page 112 Mark LeeMarkets as the Emerging InternetGovernance Mode---Page 122 Mark LeeConclusion---Page 129 Brian CristIntroductionThe Internet is truly at a crossroads right now in that more and more elements of society are recognizing its potential significance. Cyberspace is no longer simply composed of academic scientists and computer hobbyists. Instead, major newsmagazines have declared that this holiday season will be the first where e-commerce plays a major role. Users can watch the grand jury testimony of a President on their computer screens and where web journalists like Matt Drudge can scoop more traditional television journalists such as Tom Brokaw. It is even a time when many a romance can be formed on AOL and a major motion picture can be made that deals with such possibilities. Quite simply cyberspace is at least in some ways becoming more like real space. A broad range of people from around the world are beginning to see cyberspace as a place where they can do just about anything, including buying gifts, watching “television”, becoming informed, and even finding love.But oddly enough as cyberspace becomes at least in some respects more like real space, more real space problems arise online. Individuals have to deal with things like fraud, defamation,and privacy. Companies have to worry about intellectual property. Nations must worry about preventing harms to their citizens, including harms their citizens may not want to avoid such as gambling. In this context, numerous questions arise. For example, what is one to do if the e-merchant from whom you just bought a sweater from happens to be nothing more than a few webpages on a server in Antigua designed to steal your credit card number? What should your state todo if the e-merchant you happen to deal with is instead a gambling site in Antigua? What can and should be done if you decide to forego an e-merchant entirely and go download songs from U2’s latest album at a free, unlicensed MP3 site? Can Iraq legitimately prosecute Matt Drudge if byposting something on his web page he breaks Iraqi law? Do I have any recourse if the web personal site I used to find love online sells my personal information to a marketer?In the real world, governments have often dealt with issues like these by passing laws and by issuing regulations. More often than not, these laws prescribed a particular punishment that should be meted out for a given kind of proscribed conduct. Such a system can work fairly well ifit is clear who broke a particular law and which set of laws should be applied to a particular questionable transaction. However, for several reasons such a system may be much less effective in governing actions and interactions that take place on the Internet. To begin with, identity is still fluid on the Internet. It can be difficult if not impossible to link up an online identity with a corporeal being and often it may even be hard to tell from which traditional nation state an online user is from. So long as a user remains anonymous, she cannot easily be held accountable for her actions, at least not through the means usually employed by territorial governments. Second, thereis little consensus as to what actions on the Internet should subject a user to the jurisdiction of a particular territorial government. There is some agreement that users should be responsible for the effects they produce in a particular country, but what does it mean to produce effects in a particular country when one is simply putting something in cyberspace? There is no simple answerto when posting something on the web should subject a person to liability in any country where that something can potentially be accessed.None of this is to say that the above traditional model of governance has no


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