28.06.2013 Views

Papers in PDF format

Papers in PDF format

Papers in PDF format

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Schwer<strong>in</strong> advocates mediation as “empower<strong>in</strong>g” for communities and <strong>in</strong>dividuals tak<strong>in</strong>g part. This is a key<br />

concept for the fragile “community” of the Internet, which is at risk of be<strong>in</strong>g overwhelmed by nation-based<br />

legislation while still <strong>in</strong> a developmental stage. Mediation is a key concept of trans<strong>format</strong>ional politics, which<br />

holds that major changes are needed to the exist<strong>in</strong>g economic, social, and political systems <strong>in</strong> order to br<strong>in</strong>g<br />

about greater social justice, human growth, and effectiveness.<br />

“...these trans<strong>format</strong>ions should be evolutionary, not revolutionary, and they should ideally be nonviolent and<br />

noncoercive.” [Schwer<strong>in</strong>, 1995]<br />

Schwer<strong>in</strong> warns that the ideology and practice of mediation is largely untested by academic standards, and that<br />

central concepts such as “empowerment” have not been well-def<strong>in</strong>ed. However, balanced aga<strong>in</strong>st that,<br />

mediation is becom<strong>in</strong>g widely practised <strong>in</strong> America as an alternative to the legal system, and is perceived as<br />

hav<strong>in</strong>g advantages of “lower cost, greater accessibility to dispute resolution services, and the possibility of<br />

creat<strong>in</strong>g mutually satisfactory, durable agreements that are voluntarily crafted by the disputants.”<br />

[Schwer<strong>in</strong>,1995]<br />

Mediation with<strong>in</strong> the Internet community may be perceived as work<strong>in</strong>g alongside exist<strong>in</strong>g legal systems, both<br />

national and <strong>in</strong>ternational. It has key advantages of be<strong>in</strong>g established on global pr<strong>in</strong>ciples rather than<br />

national, the process is committed to <strong>in</strong><strong>format</strong>ion shar<strong>in</strong>g and education, and the process would have flexibility<br />

<strong>in</strong> deal<strong>in</strong>g with problems as they impact with<strong>in</strong> the Internet community, or with problems emanat<strong>in</strong>g from<br />

without (for example cryptography regulation). Mediators, selected from with<strong>in</strong> the ranks of respected<br />

Internet “gurus”, would have an understand<strong>in</strong>g of the causes of the problems presented. Internet “gurus”<br />

already hold court with<strong>in</strong> the newsgroups and other areas of the Internet, and use social pressure aga<strong>in</strong>st people<br />

who offend aga<strong>in</strong>st exist<strong>in</strong>g mores. A structured mediation process would empower the best of these mediators,<br />

by giv<strong>in</strong>g them a forum and official community support, and a basel<strong>in</strong>e structure of pr<strong>in</strong>ciple known to be<br />

widely accepted by the Internet community.<br />

1 Establish<strong>in</strong>g general pr<strong>in</strong>ciples: examples:<br />

Freedom of Speech.<br />

This may be cited as a "traditional" Internet value.<br />

Access.<br />

Universal access to the Internet and to its databases. (The networked technology of the Internet implies that<br />

universality will cause the network to work with maximum efficiency as a communications medium.)<br />

Privacy. Privacy of communications. This may be cited as a traditional Internet value.<br />

Freedom of Development. Freedom to develop software, content bases etc without undue barriers of cost or<br />

legal constra<strong>in</strong>t, has been a found<strong>in</strong>g pr<strong>in</strong>ciple of the Internet, which has been developed through the shar<strong>in</strong>g<br />

of expertise.<br />

It would be tempt<strong>in</strong>g to add opposition to abuse of human rights.<br />

The build<strong>in</strong>g of a “Bill of Electronic Rights and Ethics”, which is <strong>in</strong>tended to “qualify” legislation, rather<br />

than to become legislation itself, is supported by the Electronic Freedom Frontier and other Internet lobby<br />

groups. A document [Electronic Rights and Ethics, 1996] puts forward “rights” of Internet users, under<br />

head<strong>in</strong>gs of communication, privacy, jurisdiction, access, and adm<strong>in</strong>istration, and also proposes an ethical<br />

position to be supported by the Internet community. These ethics are expressed <strong>in</strong> terms of “toleration”, trust,<br />

consideration, and regulation, and apply directly to Internet activity, for example “it is unethical to<br />

misrepresent yourself, your observations and op<strong>in</strong>ions, or the expressions of others” and “it is unethical to be<br />

<strong>in</strong>considerate of the costs of network bandwidth and storage space.” These expressions of ethics and rights<br />

illustrate the development of an Internet ideology, and are a valuable attempt to articulate policy positions<br />

held by many Internet users. This value may be expressed through a mediation process, where such social<br />

mores or perceived rights provide a valuable guide for discussion and justification of policy positions.<br />

2 Freedom of Speech and the Justification for Interventions

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!