ttcs 情報社会論『power theory of 21th century -architecture,cyberspace,law and...

8/8/2019 TTCS Power theory of 21th Century -Architecture,Cyberspace,Law and Powre- 10.11.11

1/27

Power theory

of

21th Century- Architecture,Cyberspace,Law andPowre -


2/27

TTCS Information Society Theory 2010.11.11

Power theory of 21th Century -Architecture,Cyberspace,Law and Powre-Natsumi OhoriKazuya OharaYuta ShinomiyaHiroki NittaIbu MorimotoGen Watanabe


Power theory of 21th Century -Architecture,Cyberspace,Law and Powre-

Natsumi Ohori,Kazuya Ohara,Yuta Shinomiya,Hiroki Nitta,Ibu Morimoto,Gen Watanabe

2


3/27



Power theory of 21th Century -Architecture,Cyberspace,Law and Powre-

Agenda

1.English explanation

The Law of the Horse - What Cyberlaw Might Teach Lawrence Lessig,HARVARD LAW

REVIEW,1999

I. PARADIGM CASES

II. REGULATING BEHAVIOR

III. LAW REGULATING CYBERSPACE

VII. CONCLUSION

2.Cre ative Commons

.

3.F reedom and Power in Cyberspaceexplanation

,2003

.

.

.

3


4/27



.

.

.

4.Power theory of 21th Century

.--

.

4


5/27



1.English explanation

The Law of the Horse - What Cyberlaw Might TeachLawrence Lessig,HARVARD LAW REVIEW,1999

Lessig regulation

I then use these articulate a model of regulation that will apply both to regulation in cyberspace as well

as in real space.

I. PARADIGM CASES

Consider two cases that will set a paradigm for the problems of regulation that cyberspace presents.

Zoned Speech

Porn in real space is zoned from kids by self-authentication.

In cyberspace,being a kid is not self-authenticating. The fact that one is not a kid is extremely hard to

certify.

This feature of the space makes zoning regulation in the space costly

Protected Privacy

Whatever the reason,whatever the consequent choice, you would know enough in real

space to know to make a choice.

5


6/27



In cyberspace, you wouldnt. You wouldnt notice this monitoring because this tracking is not similarly

visible.

How should law regulate?

we should think more broadly about this question of regulation.

II. REGULATING BEHAVIOR

Modalities of Regulation

Behavior is regulated by four kinds of constraint in real space

lawIt directs by threatening a punishment. In this way, we say, law regulates.

social normsIt is enforced (if at all) by a community.

marketthe market presents another set of constraints on individual and collective behavior.

architectureThat there is a highway and train tracks separating this neighborhood from that is a

constraint

on citizens to integrate.

We can also describe the regulation of behavior in cyberspace

law

6


7/27



social norm

market

code

ex)Smoking

law could ban smoking.(That would be law regulating the behavior wants to change directly.)

law could tax cigarettes. (That would be the law regulating the market for the supply of cigarettes to

decrease the

consumption of cigarettes.)

law could fund a public ad campaign against smoking. (That would be the law regulating social norms,

as a means

to regulating smoking behavior.)

law could regulate the nicotine in cigarettes, requiring manufacturers to reduce or eliminate the nicotine.

(That

would be the law regulating the code of cigarettes,

the most effective way to regulate behavior in cyberspace will be through the regulation of code either

direct regulation of the code of cyberspace itself, or of the

institutions (code writers) that produce that code, so that code

regulates individuals differently.

7


8/27



III. LAW REGULATING CYBERSPACE

1 Digital Telephone

2 Digital Audio Technology

3 Anti-Circumvention

4 V-Chip

5 Encryption

1 Taxation

2 Content

8


9/27



VII. CONCLUSION

real space cyberspace

cyberspace real space cyber space

Summery (ENGLISH)

ChapterV Competition Among Regulators

The relation ship between law and code suggest a more general point,

That is, Modalities compete. This competition can induce a response. AS code displaces law, law might

respond to reclaim the values displaced. As law regulates code, code writers might respond to neutralize

the effect of law. Each sovereignty competes with

the others. There are couple examples . of this competition.

Digital Telephone , Digital Audio Technology ,Anti Circumvention , V-chip, and Encryption.

Next examples are law regulating code which can be balanced with examples of code displacing law.

Taxation and Content , whose examples could be multiplied , but the lesson they teach should be clear

enough.

9


10/27



The conflict between law and code should push to us to principle. We should think again about the values

that should guide , or constrain , this conflict between authorities.

Chapter VII , Conclusion

In general, thinking about the law of horse which means the power ranging from the law, my argument

has been that we learn something general about real space law by thinking and we should also learn in

particular about the law in cyber space.

And understanding that trade-off which means compromise among regulators of very different kinds, and

developing principles to help guide , tell us something significant about law, both real and cyber.

2.Creative Commons

.

ex1470

10


11/27



CCL

11


12/27



3.Freedom and Power in Cyberspaceexplanation

,2003

.

9.11

.

12


13/27



1

/

2

.

13


14/27



.

14


15/27



.

15


16/27



.

()

16


17/27



4.Power theory of 21th Century

--

(Willson1991)

17


18/27



(Castells 1989)*

70 /

/

Webster

(Rieff 1991)*

18


19/27



( )

Households with broadband access2009

Source: OECD, ICT database and Eurostat, Community Survey on ICT usage in households and by

individuals, July 2010.

OECD http://www.oecd.org/

19
http://www.oecd.org/http://www.oecd.org/


20/27



9,408

78.0

21

http://www.soumu.go.jp/menu_seisaku/toukei/index.html

http://www.mhlw.go.jp/toukei/index.html

Castells1989*

20
http://www.soumu.go.jp/menu_seisaku/toukei/index.htmlhttp://www.soumu.go.jp/menu_seisaku/toukei/index.html


21/27


22/27



22


23/27



but

-

-The Reproduction of Social Inequality

23


24/27



,19061975

(labour)

(work)

(action)

cf

24


25/27



ex

25


26/27



The Reproduction of Social Inequality

26


27/27



The Law of the Horse- What Cyberlaw Might Teach Lawrence Lessig,HARVARD LAW REVIEW,1999

14,,2003 http://www.hajou.org/infoliberalism/

GLOCOM -:

http://www.glocom.ac.jp/j/publications/journal_archive/2005/09/9.html

REITI BBL-2003313

http://www.rieti.go.jp/jp/events/bbl/03031301.html

,,2001

CODE --,,2001

CODE VERSION2.0,,2006

,,1994

,,2008

27
http://www.hajou.org/infoliberalism/http://www.hajou.org/infoliberalism/http://www.glocom.ac.jp/j/publications/journal_archive/2005/09/9.htmlhttp://www.glocom.ac.jp/j/publications/journal_archive/2005/09/9.htmlhttp://www.rieti.go.jp/jp/events/bbl/03031301.htmlhttp://www.rieti.go.jp/jp/events/bbl/03031301.htmlhttp://www.hajou.org/infoliberalism/http://www.glocom.ac.jp/j/publications/journal_archive/2005/09/9.htmlhttp://www.rieti.go.jp/jp/events/bbl/03031301.html

ttcs 情報社会論 『power theory of 21th century -architecture,cyberspace,law and...

Documents

ttcs 情報社会論『power theory of 21th century -architecture,cyberspace,law and...