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Analyzing the Production of the Law of Cyberspace

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Abstract:

This paper analyzes the role of societal institutions in the development of code. The term “code” refers to the architecture of communication technologies, which includes its hardware and software components. It is widely recognized both in both the communications and legal literature that code is analogous to the law of cyberspace. Our analysis begins to explain why code developed in different institutions differ in various social and technical attributes, such as their support for standards or the attention to privacy considerations. The institutions we consider include universities, firms, consortia, and the open source movement. We specifically analyze how institutions differ in structure, their motivations, and how they are differentially affected by social, political, economic, and legal influences. This analysis provides a crucial first step in understanding the production of the law of cyberspace. Eventually, this analysis will allow scholars and policymakers to assess and to begin proactively shaping the development of code to meet societal concerns.

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develop (137), code (136), sourc (83), open (80), standard (66), research (65), univers (63), institut (49), firm (45), technolog (41), avail (39), consortia (36), see (36), note (34), econom (32), influenc (32), work (31), movement (30), 2001 (29), use (28), process (26),

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production, code, societal institutions, law, Internet
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Name: International Communication Association
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MLA Citation:

Shah, Rajiv. and Kesan, Jay. "Analyzing the Production of the Law of Cyberspace" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA, May 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p112118_index.html>

APA Citation:

Shah, R. C. and Kesan, J. P. , 2003-05-27 "Analyzing the Production of the Law of Cyberspace" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p112118_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper analyzes the role of societal institutions in the development of code. The term “code” refers to the architecture of communication technologies, which includes its hardware and software components. It is widely recognized both in both the communications and legal literature that code is analogous to the law of cyberspace. Our analysis begins to explain why code developed in different institutions differ in various social and technical attributes, such as their support for standards or the attention to privacy considerations. The institutions we consider include universities, firms, consortia, and the open source movement. We specifically analyze how institutions differ in structure, their motivations, and how they are differentially affected by social, political, economic, and legal influences. This analysis provides a crucial first step in understanding the production of the law of cyberspace. Eventually, this analysis will allow scholars and policymakers to assess and to begin proactively shaping the development of code to meet societal concerns.

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Document Type: .PDF
Page count: 24
Word count: 8836
Text sample:
Analyzing the Production of the Law of Cyberspace Abstract: This paper analyzes the role of societal institutions in the development of code. The term “code” refers to the architecture of communication technologies which includes its hardware and software components. It is widely recognized both in both the communications and legal literature that code is analogous to the law of cyberspace. Our analysis begins to explain why code developed in different institutions differ in various social and technical attributes such
or by placing different influences upon an institution society can potentially shape the development of code to address various societal 90 Frauenheim supra note 75 (describing the thousands of open source projects at SourceForge.net). 91 (discussing the GNU General Public License). 23 concerns. Already policymakers are seeking to influence the development of code to address concerns such as privacy and security. Our future work will aim to provide scholars and policymakers with such a framework so they may wield


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