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This paper by John Palfrey examines the impact of strong IPR regimes on knowledge-based economies and the socio-economic dominance of net IP-exporting countries. It warns against the harmonization of global IPR regimes, discussing the intersection of law, code, architecture, markets, and norms in regulating content online. The text explores the implications of legal and technical environments on media, telecoms, internet governance, anti-porn laws, and anti-terror measures such as the USA Patriot Act and FISA.
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iLaw-EurasiaThe Law of Content Control John Palfrey, Berkman Center, Harvard Law School December 16, 2004
connections Rafal Rohozinski, on Monday: • [Do strong IPR regimes lead to the accelerated growth of knowledge-based economies – like South Korea – or do such regimes just enable socio-economic dominance of net IP-exporting countries?] • Beware the scaling of an Anglo-American legal and technical environment into a “harmonized” global IPR regime.
media telecomms internet
porn + terror
four modes law code (architecture) markets norms Lessig, Code (1999)
four one modes law
anti-porn laws Require everyone: CDA (c. 1996) Require libraries: CIPA (c. 2000) Require ISPs: Pennsylvania (c. 2003)
anti-terror laws USA Patriot Act (2001) FISA (1978 et seq.) Lawful Intercept provisions
four modes law code (architecture) markets norms Lessig, Code (1999)
Berkman Center for Internet & SocietyHarvard Law Schoolhttp://cyber.law.harvard.edu John Palfrey December 16, 2004