Rights and Responsibilities of Participants in Networked Communities (1994) / Chapter Skim
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Pages 113-120
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From page 113... ...
is not clear in the electronic environment. For example, it is clear that electronic networks tend to encourage frank if not imprudent speech, thus magnifying the confusion over what circumstances provide a "reasonable expectation of privacy." Even today, conversations on cordless telephones tied to a base station are not afforded the same legal protection from eavesdropping as cellular telephones that are truly mobile.
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From page 114... ...
Early pioneers in the use of computer-mediated communications had some glimmerings that a new medium for discourse was about to emerge, and in recent years an incipient large-scale interest in the use of such communications has proved their forecast to be correct. At the same time, this large-scale interest has prompted and indeed necessitated serious attention to the social issues that surround the formation and evolution of communities on electronic networks.
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From page 115... ...
that does not make sense when applied to electronic networks will tend to erode the ethical values on which that regime is founded. As a result of such pressures, a set of new values will evolve that will ultimately constitute the basis for a new legal regime.
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From page 116... ...
A second consequence is that government and other institutions whose influence is determined largely by the physical control of borders and political boundaries will find that influence challenged by continuing increases in electronic commerce and social discourse. A third reason is that electronic networks can act to raise barriers with impunity.
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From page 117... ...
As with many social tensions, an individual is much more likely to attempt to balance competing interests rather than side completely and totally with one of these interests. These points of tension include the following: · The extent to which the government should regulate behavior on electronic networks.
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From page 118... ...
Nevertheless, it is clear that in the absence of network-specific laws, the application of existing laws to electronic networks will have to be interpreted in light of the new capabilities and limitations of the medium.
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From page 119... ...
A second dimension of the informed consent issue is the disposition of individuals who express no preference or inclination regarding their putative rights on electronic networks. As a general rule, there is a high degree of consensus that the wishes of individuals who explicitly choose to participate or agree or who explicitly decline to participate or agree should be honored.
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From page 120... ...
If this is true, the debate over social norms on electronic networks, in form and even in structure, will not differ much from the debate over abortion rights, school choice, sex education, crime, welfare reform, or any other controversial social issue. This is not to say that the debates should not be taking place, but only that our hopes about what such debates can accomplish should be moderated.
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