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Chapter 9: Internet Law, Policy, and GovernanceQUESTIONS TO CONSIDER1. What are some examples of the domains covered by cyberspace law? What are thecomplications and issues specific to this type of law?2. How do policy initiatives or interventions taken by the Canadian government affect newmedia?3. Why is it important to consider the distinctions and balance between private ownershipand public use of intellectual property when thinking about new media?CHAPTER OUTLINEIn this chapter we examine the interesting and sometimes difficult issues that have arisen in aworld in which two of the foundational principals of law—property and the state—have beensignificantly altered by digital and global information flows. We look at some of the majordomains of law as they pertain to cyberspace and some of the legal implications that have arisenas that space has changed and expanded. That digital goods are ephemeral and easily crossborders is challenge enough but a further pressure comes from the fact that there is little if anycyberspace law at all currently—the internet is self-policing but only in a loose sense and mainlyat the level of technology standards. Beyond that, only national and local law can be applied—and that, as we will see, is oft-times very difficult to do. Nations have attempted to establishpriorities, programs, and policies designed to boost the power and role of their own citizens andcorporations in information and communication technologies—first with computers and thennetworks. Given the origins of the Internet in Western democracies such as the US, sometimesthe laissez-faire attitude adopted online is incompatible with local standards elsewhere around theglobe. We examine these issues along with implications for copyright and property rights, and theopen source software movement.DISCUSSION QUESTIONS1. What are some of the domains covered by cyberspace law?2. What are some of the policy initiatives or interventions that the Canadian governmenthas taken in regard to new media? How are these important to understanding current newmedia policy in Canada?3. What are some of the recent developments in international copyright and intellectualproperty law? What critical questions arise from measures to extend copyright protection andto establish a legally binding global intellectual property regime?4. In what ways does the Internet, as it is situated in relation to existing laws and regulatoryframeworks, complicate efforts to establish binding legal guidelines?
5. Copyright law seeks to make distinctions between private ownership and public use,though these have often been difficult to sustain in practice. What three areas of distinctionhave been particularly contentious?6. In the case involving the US Communications Decency Act (1996), Mike Godwin,counsel for the Electronic Frontier Foundation (EFF), argued (1998: 23): ‘Give people a modemand a computer and access to the Net, and it’s far more likely that they’ll do good thanotherwise’. How is this view characteristic of cyber-libertarian perspectives and why do youthink such views are not now articulated as strongly as they once were?7. Copyright law is derived from the principle of balanced interests. What are these interestsand in what ways have new media and the Internet brought challenges to maintaining suchbalance?CLASS ACTIVITIES1. Take a look at the CRTC web site (www.crtc.gc.ca), noting the recent decisions relating tonew media. Pick a recent decision that has general applicability (e.g., Net Neutrality, or ISPs ascarriers vs broadcasters) and consider how it fits with the concepts and analysis in thischapter. Does the approach of the commission or the tone of the decisions match with theviews of this text? Does it match your own views?2. Consider the implications of making Internet access either a human right or afundamental right of Canadians. Are these similar to the universal service provisions adoptedin Canada (and elsewhere) to ensure telephone service was made widely available outside ofurban areas? If you or any of your fellow students are from rural or remote areas in yourclass, speak about the challenges of getting Internet access at home.Chapter 10: ConclusionQUESTIONS TO CONSIDER1. What are some of the negative aspects of new media? What aspects of human relationsdoes it disrupt that we would not necessarily wish to have disrupted?2. How can new media be used to go beyond mere entertainment to affecting real change?How can new media—and social software in particular—be used professionally andresponsibly, rather than frivolously and hurtfully?
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