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Professor Andrew D Murray

2008

Computer Law

Discipline

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Regulating The Post-Regulatory Cyber-State, Andrew D. Murray Jan 2008

Regulating The Post-Regulatory Cyber-State, Andrew D. Murray

Professor Andrew D Murray

This Chapter looks at how regulation succeeds and fails within the environment of Cyberspace which has a different physical and social construct than Real Space. It discusses my key concept of Symbiotic Regulation and explains how regulation may be effectively implemented using models which harness the community in the regulatory process.


Symbiotic Regulation, Andrew D. Murray Jan 2008

Symbiotic Regulation, Andrew D. Murray

Professor Andrew D Murray

In this paper the author examines the development and design of regulatory structures in Cyberspace. The paper considers and models how all forms of control – including design and market controls, as well as traditional command and control regulation are to be applied within the complex and flexible environment of Cyberspace. Drawing on the work of Cyber-regulatory theorists such as Yochai Benkler, Joel Reidenberg and Lawrence Lessig and matching it with an examination of social ordering from the English Peasant’s Revolt to the more modern theories of Jurgen Habermas and Nicklaus Luhmann this paper suggests a model of Cyber-regulation which …