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Please use memo format for the paper. Single spaced. I will provide the Lessig-Codev2.pdf with the attachments as well as Ethics Assignment #1. Both for references. Read the article below and answer the following questions. You should use information from the first IT Ethics assignment in your answers. You can also use information from other parts of the ebook by Lessig provided in the first IT Ethics assignment to support your answers. 1. What are the “facts” of the case itself? Remember, the facts, not your opinion 2. What are the implications of this case being overturned for a person’s data stored on the web? This will be some of your own opinion 3. Why do you think companies like Google, Facebook, and Netflix sided with the court’s opinion? 4. Last, read Lessig-Codev2.pdf, Chapter 17, the first portion under the heading “Responses of a Judiciary”. Do you see where Lessig’s idea here applies to this case? Support your answer. Your final product should be 3 pages. Article: https://www.foley.com/en/insights/publications/2018/02/supreme-court-will-not-look-at-spokeo-again-leavin (Links to an external site.) Supreme Court Case: http://www.scotusblog.com/case-files/cases/spokeo-inc-v-robins/ Lessig Ebook: Lessig-Codev2.pdf
TO:
FROM:
DATE: 6/30/2020
SUBJECT: IT Ethics Assignment # 1
In his book, Lawrence Lessig describes his view on the regulation of cyberspace, backing the Cyberpaternalistic approach on the subject (Lessig, 2009). Despite his opinion that the cyberspace ought to be considered to be another world that cannot be regulated by the laws governing the real space, Lessig trusts that the digital space can be controlled through four modalities. In his framework, Lessig points out that internet consumers are influenced by four essential real space modalities, namely the market, law, architecture, and social norms (Lessig, 2009). However, although these laws of real space apply to cyberspace, they do not operate the same way. In the physical world, the four modalities work together while in cyberspace, one of them may fail since the cyberspace operates differently. But where one modality fails, the rest can still control the behavior of the internet users. Therefore, this shows that although the four modalities are interdependent, they are distinct in that each has its challenges. Often, governments across the world use these modalities to manipulate internet users’ behavior within the cyberspace. Below is a brief description of the four modalities of cyberspace.
Norms
Norms, to begin with, is the accepted conduct that members of society are expected to conform to. These norms are determined collectively; for example, our conduct is already determined in that we know we should not steal, we should not kill, and so on (Lessig, 2009). Vividly, stealing makes someone a thief and not merely because they took something! There are various ways to take something and not considered to be a thief. If a person comes across a dollar blowing in the wind, collecting the money does not make him or her a thief. In fact, not collecting the money would make him a chump. However, stealing a television, for example, from the display, makes someone a thief. Therefore, that is how the social norms work, and we all live life subjected to such norms. Similarly, our behavior in cyberspace is controlled by these socially established norms. They provide some measures of predictability and consistency within the cyberspace, even in the absence of a formal law enforcement mechanism. In other terms, the norms in cyberspace constrain internet users through societal sanctions such as criticism and ostracism.
Laws
Second, laws are systems of rules that are developed and enforced by the government or society to regulate human behavior. In real space, people recognize how laws regulate their behavior through statutes, the constitution, as well as other legal codes (Lessig, 2009). However, in cyberspace, people must have a different understanding of how regulations work, beyond laws, or even norms. People ought to know how different ‘code’ regulates – how the hardware and software, i.e., the cyberspace ‘code,’ that make the cyberspace what it also controls the cyberspace as it is. Think of cyber laws such as defamation law, obscenity law, copyright law, and others. All these laws are made to guard internet users against cybercrime. However, despite the availability of the laws, the regulation of cyberspace has never been effective. In some circumstances, the laws operate more effectively and, in other cases, are less effective. However, whether better or not, cyberspace laws threaten a specific consequence if they are defied by any member within the space (Lessig, 2009).
Market
Third, the market is regulated via the prices which are set for goods or services for labor. For example, not unless a person pays for a service or a product, he/she cannot acquire or use a particular product. Similarly, in cyberspace, the market regulates our behavior. The pricing strategy constrains access, and if a person doesn’t, busy signals do (Lessig, 2009). Besides, various webs have begun to charge access fees. Also, as many businesses have turned to the use of the internet for advertisement and business operations, popular sites are earning a lot from such businesses. All these behaviors are a function of market opportunity and market constraints as well. In this sense, they are all market regulations.
Architecture
Finally, architecture, in real space, limits people’s behavior. For example, based on the use of technology, the will of a person to smoke can be limited. Currently, this is achieved through the use of e-cigarettes. In cyberspace, the architecture regulates people’s behavior by limiting access to a particular domain by demanding authentication through the use of passwords and a username (Lessig, 2009). The hardware and software that make cyberspace comprise of a set of constraints on how cyberspace users ought to behave. Although the elements of these constraints vary, they are conditions that ought to be met when one is accessing the cyberspace.
Reference
Lessig, L. (2009). Code: And other laws of cyberspace. ReadHowYouWant. Com.
