Asked to think different: usually the question is how does the rule of law affect the environment over

which this law is effective?

Here we will take a different perspective and think about: How does the environment over which law
tries to be affective affect the rule of law?

Reason is the difference between established legal settlements an dteh ris eof information society.

- Internet with information techs (eg.: social media) are considred to be disruptive

Specialization brings us to higher output  driven by economie son scale industrialized naion eg UK
(made money by making things, industrilist got rich but workers not)

Post-industrial economics:

- Industrialisation gotto newly developing places, new question what can we provide?--> service
economy (Uk proivided services not made things)
o But than something happenned new economic model is information economy aka
information society
 UK went for services but the USA built on systems that allowed information to
be collected stored and processed creating super rich industrialists (eg: steve
obs, lary elison and bill gates  value is not int he information itself teh value is
in hat u can enabble the peopek to do with it)
 What can we control? (thesis of information society yan dknowledge
economy)

What can we control?

- Shift from ownership and control of things to ownership over information

- Maturity of info tech
- Change of economic value from owning things to owning information (from atoms to bits)

Intro to bits:

- Eonomic value from being cited in physical goods to be cited with iformation is refrred to as
move from atoms to bits
- May be of fundamental importance for sociologists and economists
- But what is a bit? An dta is its tole in information society?
 o Bit means binary digit 0 or 1: why are bits economically valuable? How o tehy effect
interaction? Why law has to take account of the effect of bits?
o What does a bit do?--> it is a 0 or 1
 Economic value is given to a bit by looking at what one can do with it
 A bt is a simple instruction to a computer : do 0 or 1, not to do 0 or 1
 The brain of teh computer is the CPU is a super fast calculator working in binary
 does calculation and makes a kredetremined function
 Faun neuman operation:
o 1. Fetch where the CPU retrieves information represented by
bitsfrom program memory, (these are instructions preloaded
into teh computer memory by softwer (eg.: microsoft windows
or word)
o 2nd decode where the single instruction is broken down by teh
CPU in separate instructions which requires the CPU to do
different operations thus the single instruction will coztain
operational instructions telling teh cPU what it is to do in a series
of operation instructions giving teh cpu what it needs to fulfill
teh operetational instruction
o 3rd excecute step where cpu carries out the operational
insruction contined int he fetched dat can be purely internal
process such as autosave function managed completely by the
software instructions fetched fro the progrm memory or may
involve user input where the actions of user calls on a n event to
happen
 Series of calculations of binary, which gives series of
results, managed by teh cpu carried out by series o
microprecessor.
o 4th write back where the cpu writes back teh result of operation
to memory, can be the cpu memory if it is to carry out more
operation based ont he result or the main memory if teh
operational process is complete for now
o After write backthe cycle begins again repeating itself billions of
times per second cpu is an unimpressive calculator (can +- or x
or ÷ in binary) it is also very powerful as it can do what it doe sin
second but we are still oly delaing with 1s and 0s

How does manipulation of bits effect the established legal order?

- Answer is int eh flexibility of the bit

Process of digitalization

- Much as atoms can be used in physical orl dto construct things, bits are the basic building blocks
for the information society
- Bill gates: analoge world of atoms vs digital world of bits
o Analogue dropp off—
o Digital transition is éess likely to suffer drop off as the massege set is short and precise
unlike analogue transitions
 Almost anything ca be represented by bits
 Eg asci
 Music since 1890s voltage,
 Digital video
 Digital imiges
- In information society ythere is a shift from encoding in atoms (eg writing on the page) to coding
in bits (eg word processing it) can be sound, imiges, electric output almost anything that can
be recorded can be digitized
- Digitalinformation is cheper to distribute, keep, code big favour for didgital information and
shift of economic value of digital information

Moving from atoms to bits

- Economic factor is clear from what has been mentioned just above
- Computerization of media has been the cutting edge technology ever since computers have
appered on workplaces than homes
- 1st entertainment to be digitized were childrens games often played by adults
- Cd and dvd were evolutionary not revolutionary as the change was only in carrier media not in
the media plyer evolution from tape and vinal casset better way to replicate what has
already been done
- Digitazion allows us to discard much of te baggage of the atomic world (cut out the middleman)
o Music industry in 1994: MP3 allowed to reduce music size to lower megabites
compression technique to retrieve information (sounds recorded for human hearing)
o Same happened to film later (distributing files)

Rivolrous and non rivoulrous goods

- Key differences between atomic (rivourous) and digital (non rivoltrous) products. Words of
economics
o Rivoulrous products are products which’s consumption by one consumer prevents
another consumer from consumption (genrally true for atomic goods) no 2 atoms shall
 occupy the same space simoultaneously, atomic goods can be durable or non durable
goods but are almost always revoulrous
 Eg: durable good can be an umbrella thus after usng the umbrelly it can be used
through time
 Eg.: non durable rivourous goods are destroyed when consumed thus cannot be
hared later on (eg concert ticket)
o Non rivuorloes goods may be consumed by several people simoltenously, usually
digitalized

Non-rivourloos good is usually intangible: best example is an idea Thomas Jefferson: an individual may
exclusively possess an idea as long as he keeps it to himself but the moment he shares it he forces it into
the possession of everyone and the receiver cannot dispossess himself of it, its peculiar character is too
that none possesses less because everyone possesses the whole of it. He who receives information from
me doe sso without lessening my knowledge and possession o the information. He who receives the
information of mine recives light without darkening mine.

- By taking the original owner u donot deny tehm of their possession of the goods, nor do you
deny others the opportunity to consume simoltanously the same good
- Because eof technology more people can consume the same thing at the same time (eg Netflix
shows, good that can be enoyed simoltenously by unlimited dnumber of people.

Non-rivalrous goods include: ideas, radio communications, broadcasts, tv, radio, visual lightning of view
or sunset, digital media, sound

- All informational goods, all about transmitting information

1.2.2 diital goods and society

- massive social change: rivalrous to non rivalrous

 Digital goods as utilities

o Payed by monthly subscribtion than pay per item
o Music is not bought but streamed onlne, same is happening to books on amazon with
audiobooks
o By nature informational products have always been attached to a carrier device

How does law have to change to take account of effect of bits?

1.3 legal challenges of information society

 - 3 effects of move from industrial to informational society: represents the shift of ownership and
control from goods to information, nw and revolutionary model to provide and give services,
move from rivalrous to non-rivalrous products

o Challenges to legal values andrules as all systems have distinction between tangible and
intangible goods
 Tangible goods: economic value and are protected by law (eg theft thus theft
excpects tangible obect that is rivalrous thus copying songs is not theft)
 Bits never run out thus we can keep creating,
 Informational paradox: nonrivalrous and intangible
o Our rules at the moment are fixed to laws of tangible or rivalrous character or both
o With digitazion however the valuable content is separated frpm traditional carrier that
was rivalrous social, economic an dlegal changes
 2ndary effects undermine the legal system:
 Digitalization converges different contents in same digital or binary
content challage to lawyers and traditional lawmakers and courts

1.3.1 digital convergence

 Inclination for innovations that become similar over time

 Convergence is another effect of freecontent from carrier free from restrictions lets cntent to
be stored in 0s and 1s
 Portable devices: phones, lapzops: new ag eof media convergence
o What legal chaallanges doe sconvergence make?-->. Information got cheper to gather,
process, and store and distribute the connection between data and concepts such as
personhood, privacy, autonomy and respect for private property got swpt aside to
experiment with new technologies and profit from content creation, data filing, profiling
and gathering techniques
o Digital platform convergence is still in its infancy
o Some challenges are already here: eg: contet and ownership
o Changes have been proposed an dimplimented
o Faiure of laws to adequately address probloems

Cross border effects

- Law and borders: regulation on traditional cannot function on the cyberspace as the wrk on
another level as laws were confined to local jurisdiction whele the content on the internet
crosses umerous state borders
- Rise of global interet destroying power of local jurisdict toassert power over online behaviour to
the ffects of online behaviour on idividuals or things, power of euthority on global phenomena,
ability of physical location to which rules apply
 - Problem as how to deal with online pornograohy: which standards should we apply?-->
obscenety standrads are contnuisly adapted to met preent standrads of obscenity I society
( what do people in majority think is obsce cause we will adopt our laws to that)
- Challenge: which court has authority and who should be trialed?

Conclusion:

Replacing analogue data that was expensive to gather and store and istribute an dwas also faced with
worsening of quelaity, decay each time it was opied to digital data that was cheap to gather, store and
distribute and perfectly replicated evrytime number of challanegs for lawyers and lawyers

- Hiw do we protect the value of information in an age where it is instantly replicable,

distributable and almost nfinitale scalable lawyers face this challenge
o Eg: cyber speech, data protection, copyright,data basis and compuer crime
o Attempt to make peace settlement on that cybercrimes are bad and will fragment the
lega systems
o Should law be specific or more broad?

CH 2
The network of netwroks

- Internet: inter: between, among, net: network

o System connecting together individual computer networks. Telecommunication
system for computer networks Network of networks
- Sputnik 1, us decided to not be taken by suorise on tech developments cutting age reserac to
people ana dthe military
o (arpa) Arpanet

Internet history

- Building the Arpanet: licklider and his team made shared computer timework. Packet
switching for military voice communication (transfer of small mounts of data)
- IMP--. Etwork of imps was a layered design supporting computers with payket switching in place
of second swiching
o Neuman and other started builidgg te network
 o Arpanet was the forerunner of modern internet
 Arpanet what a closed network, a single network today it is a multiple network
put together it is open
- Building the internet Arpanet was a great success
o So teher was intense experimentation
o Alohanet used different than arpa net
 Arpanet used imp to manage data transmission and reception ensuring that data
was sent and reciveved without interference
 Alohanet the terminals transmitted whenever they wanted to, the computer set
the message till it got an okey massage that it has been received lot of
attention especially from military
 But this network was too small and if it as made bigger it would still be
very open to attack, alternative was satellite network for international
network satnet
o Packet radio project to connect to network wanted a network of networks, an
interntional network
 Open architecture networking individual networks can be separately designed
and networked with their own interface, eah etwork can be designed specifically
that would fit the preferneces and requirements for that network
 Generally no constraints on what types of networks can be made
 Designing was similar to Arpanet, needed something to bridge languages
as each network was made in own language because eof ipm sma
eproblem here as in Arpanet, ncp was not good enough for this project
so the ncp protocol had to be rewritten
 New open architecture protocol

4 ground rules for new internet protocols

1. Each network stands on its own and no internal changes can be required of such networks
connected to the internet
2. Communication on best effort basis, if packet did not make it to final destination it will have to
be retransmitted from the source
3. Blackboxes used to connect the network (rooters and gateways) no information taken about
individual flows of packets going through them therefore keeping things simple and avoiding
complicated adaptation and failure of modes
4. No global control at operation level

How to get computer on Arpanet, a computer on radionet and computer on satalinete to communicate
with each other without realizing wath is going on between?

- Transmission across networks, how to write protocol to be used uniformly across networks
 o Protocol for packet network internetcommunication: carriers of goods ften carried them
without knong wht was in them
 Could be carrying chocolate or tv: onl knows shipper ad recipienet: box up info
and send it once sent to net it can do anything

Arpanaet checked step by step the content of the message (hop by hop) changed when designing acp
looking at aloha net

- End to end reliability if no acknowledgement received than send again the information (only
sender and recipient knows the details)

TCP always been multifunctional protocol, if split its clearly seen the functions start of internet,
modern internet

Modern internet still uses TCP IP protocol

- Break data into packets and recombines them

- Eg: message is split into many info before being sent but is similar when George sends letter to
Barbara through the postnl, on arrival reassembles the message

Modernnetwrok

- Weaving the web

o 4 layers
 Transmission
 Computer
 Software
 Content
 Simplification of all layers: lower layers in hardware, higher in software
 Functional part sofnetwork

Banckler: 3 layer network

- Physical infrastructure layer (foundationa layer)

- Logical infrastructure lyer (software layer to carry info)
- Content layer (all aterial stored transmitted and accessed with other layers)
o Adopted by lessig physical layer, code layer and content layer where content was
regulated by code
TCP IP is the glue that connects physical infrastructure of communication networks to higher level
protocol that we use daily to read blogs, send and recive email, use facebook

- For using emails we use sntp a protocol for sending and reciving email
- Voip--. Voice transmission (telephone, skype)
- Rtp-> real time transport (transmits audio and video, youtube)
- http for functioning of interet (most important fo r tcpip)
- html. For functioning of internet (most important fo r tcpip)

WWW not synonimus woth internet

- interenet uses tcpip, internet is net of computer networks

- the web is higher level web that uses internet as carrier medium, the web invention is credited
to burners lee
o hyperlinking experimenting
o hypertext network