With widespread smart contract implementation on the horizon, there is much conversation about how to regulate this new technology. Noting the failure of contract law to address the inequities of standardised contracts in the digital environment can help prevent them from being codified further into smart contracts.
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Cyberspace governance struggles with three accountability challenges, the problem of many hands, the profusion of issue areas, as well as the hybridity and malleability of institutional arrangements. In order to address and mitigate these challenges, accountability relationships need to be consciously reframed and discursively constructed.
Internet intermediaries unilaterally define their terms of service (ToS) and enforce them privately by shaping the architectures of the networks and platforms under their control. Based on empirical evidence, Belli and Venturini argue that ToS and their implementation affect users’ rights.
This special issue calls to rethink how we conceptualise both internet and governance.
Multilevel constitutionalism and e-democracy
As a scholar of constitutional law, of European and international law, having along the way gathered some knowledge of the workings of the internet, I am happy to present some perhaps somewhat revolutionary thoughts about governing in the future. The issue I was asked to deal with was: Governing the 21st century. Here are my thoughts about it. 1
One multi-stakeholder process is not like another, but how can we distinguish those that promote meaningful inclusion from those that don't?
Internet governance needs to develop ambitions
"The legal systems in both the United States and in the European Union member states are simply not cut out for citizen-driven, peer-to-peer communication," argues Swedish Pirate Party member Amelia Anderdotter.