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Internet creativity, communicative freedom and a constitutional rights theory response to “code is law”


Graber, Christoph Beat (2010). Internet creativity, communicative freedom and a constitutional rights theory response to “code is law”. i-call Working Paper Series 03, Universität Luzern.

Abstract

The code that regulates cyberspace empowers private bodies to set standards of Internet access and use, which are often not visible. Content filtering, as a response to copyright infringement, or models differentiating between various data transmissions are examples of measures that have been undertaken by Internet intermediaries. Arguably, they are necessary to protect intellectual property and digital business. Emanating from private bodies, such measures are beyond the reach of constitutional rights, although they may strongly impact conditions of communicative freedom and creativity on the Internet. This paper endeavours to explore from a law and society perspective whether a theory of “constitutional rights in the private sphere” may have a case in a digital networked ecology.

Abstract

The code that regulates cyberspace empowers private bodies to set standards of Internet access and use, which are often not visible. Content filtering, as a response to copyright infringement, or models differentiating between various data transmissions are examples of measures that have been undertaken by Internet intermediaries. Arguably, they are necessary to protect intellectual property and digital business. Emanating from private bodies, such measures are beyond the reach of constitutional rights, although they may strongly impact conditions of communicative freedom and creativity on the Internet. This paper endeavours to explore from a law and society perspective whether a theory of “constitutional rights in the private sphere” may have a case in a digital networked ecology.

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Additional indexing

Item Type:Working Paper
Communities & Collections:Working Paper Series > i-call Working Paper Series
Dewey Decimal Classification:Unspecified
Language:English
Date:2010
Deposited On:27 Jun 2016 08:18
Last Modified:17 Feb 2018 19:15
Series Name:i-call Working Paper Series
Number of Pages:26
ISSN:1664-0144
OA Status:Green
Related URLs:http://www.rwi.uzh.ch/lehreforschung/alphabetisch/graber/Research/workingpapers.html (Organisation)

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