Beyond Our Control?: Confronting the Limits of Our Legal System in the Age of Cyberspace
by Stuart Biegel
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Book Summary Information
Author: Stuart BiegelEdition: Paperback
Audio: English (Original Language); English (Unknown); English (Published)
Published: 2003-09-01
ISBN: 0262524163
Number of pages: 472
Publisher: The MIT Press
Book Reviews of Beyond Our Control?: Confronting the Limits of Our Legal System in the Age of Cyberspace
Book Review: Think Again Biegel
Summary: 2 Stars
"...accept the inevitable and advocate for sensible legislation"? That's just what we need at this point, to throw in the towel and step aside as the State finds yet another way to trample the rights of the individual. Biegel has it totally backwards, now is the time to take a stand and ensure that the Interent becomes the beginning of the end of the tyranny of State intrusion into the mechanisms of the market and individual liberty.
Summary of Beyond Our Control?: Confronting the Limits of Our Legal System in the Age of Cyberspace
Best Information Science Book of the Year, American Society for Information Science & Technology, 2002, Finalist in the 2001 Communication Policy Research Award presented by The Donald McGannon Communication Research Center. and Winner of the Dorothy Lee Award for Outstanding Scholarship in the Ecology of Culture presented by the Media Ecology AssociationThis book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.
Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs.
Frontiers can't last forever. That's the message underlying Beyond Our Control? Confronting the Limits of Our Legal System in the Age of Cyberspace by legal scholar Stuart Biegel. The pioneers of the Internet have long proclaimed that their domain couldn't and shouldn't be regulated, but increasing commercial and legal pressures are tipping the balance in favor of control. Biegel is neither surprised nor outraged at this development and urges his readers to accept the inevitable and advocate for sensible legislation.
His comparisons of Internet activity to traditional means of communication and commerce are intriguing and suggest analogies with existing regulations. Despite his skepticism, Biegel does find some grey areas that will, he believes, require new thinking rather than simply repurposing old laws for new ends. He draws on the ever-evolving MP3 and P2P controversies to keep his writing concrete, and material that could be rather dry flourishes when applied to the daily news. --Rob Lightner
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