This week, I have to do another review based on this reading:
Barlow, J.P. (1996) A Declaration of the Independence of Cyberspace
[URL: https://projects.eff.org/~barlow/Declaration-Final.html]
This reading discusses the dissatisfactions towards the governance of cyberspace which is implying law by the government (this happened in 1996). The author claimed that, cyberspace should be a free world and no one who are not from the networks could easily interfere the governance itself. Is it good to have government or law to look after the cyberspace? This could be a debatable topic. But, let's understand what do cyberspace do.
First, I would like to explain "cyberspace" briefly based on my understanding. Cyberspace is a new electronic network that manipulates by computer and communication occurs via Internet connection. The term "Cyberspace" has been brought up in 1990s and now we are widely do various communications throughout cyberspace.
Computer Basics 101 - What is cyberspace? This video tells the meaning of "Cyberspace"
Butterscotch, (2010). Computer Basics 101 - What is cyberspace?. [online] Youtube.com [ URL: http://www.youtube.com/watch?v=YRHwJOScrIc ]
[Video retrieved on 19th August 2011]
[URL: https://projects.eff.org/~barlow/Declaration-Final.html]
This reading discusses the dissatisfactions towards the governance of cyberspace which is implying law by the government (this happened in 1996). The author claimed that, cyberspace should be a free world and no one who are not from the networks could easily interfere the governance itself. Is it good to have government or law to look after the cyberspace? This could be a debatable topic. But, let's understand what do cyberspace do.
First, I would like to explain "cyberspace" briefly based on my understanding. Cyberspace is a new electronic network that manipulates by computer and communication occurs via Internet connection. The term "Cyberspace" has been brought up in 1990s and now we are widely do various communications throughout cyberspace.
Computer Basics 101 - What is cyberspace? This video tells the meaning of "Cyberspace"
Butterscotch, (2010). Computer Basics 101 - What is cyberspace?. [online] Youtube.com [ URL: http://www.youtube.com/watch?v=YRHwJOScrIc ]
[Video retrieved on 19th August 2011]
According to the above article, "We are creating a world that all may enter without privilege or prejudice accorded by race, economic power, military force, or station of birth" quoted. One of the characteristics of cyberspace is freedom. Yes, everyone can do communication within cyberspace and believe or not, you and I are involving in cyberspace right now. Since Internet is no border and it connects everyone in worldwide, physical, psychological, physiological, geographical, and cultural factors would not affect any one of us enter cyberspace. It is because we do not care the background of those people in cyberspace but the transactions and relationships.
So, what does the "transaction" mean for cyberspace? It is not all about the monetary transaction; it is the process of exchanging information. We could do various expressions and interactions within cyberspace and we use it for social network, information search or gathering, online shopping, e-learning, and many more. All these are the events that are exchanging different kinds of information or details to each others. For example, advertiser pushes their product or service knowledge to you and you are obtaining information from the advertiser through the network. Then, what about the "relationships"? Relationship within cyberspace refers to the connection between two or more parties. For example, A and B are connected for interests sharing and also social networking. Therefore, the relationship between A and B is social relationship. Another way to describe the "relationship" is the reason two or more parties do transactions via cyberspace. For example, a laptop company's website is the information provider and you are the information receiver. Nevertheless, a blog website is the blogging service provider and you are the "produser" as you contribute information while you are using the service. There are different relationships take place within cyberspace due to the facilities and functions of cyberspace are no border and limitless.
Back to the point, law governance is not needed for cyberspace in 1996 but now?
The author expressed his unhappiness about the legal concept that implied on cyberspace by the United States government. It is because, he believes that the people within the networks would practice good ethics and cyberspace do not involve matters that need a lawsuit to protect.
"We have no elected government, nor are we likely to have one". Cyberspace is an independent world and it has no central authority which mean there are no specific power to control the whole cyberspace in worldwide. But, based on the article it said United States have created a law - Telecommunications Reform Act. The legislation act will absolutely observe and guard the activities within cyberspace. Then, the author claimed "We believe that from ethics, enlightened self-interest, and the commonweal, our governance will emerge". It seems like law is "threatening" people to avoid them to do certain things and the code of ethics within the networks are better than law in term of humanity. It is because "Legal concepts of property, expression, identity, movement, and context do not apply to us (cyberspace). They are all based on matter, and there is no matter here." This statement refers to cyberspace do not need legislation because, "Things that human mind create can be reproduced and distributed infinitely at no cost within cyberspace" and it said cyberspace is a free world and the "things" share within cyberspace are not matters, these "things" are created by human mind which allow to be distributed with "free of charge". These are the arguments made by the author to support his "objection" towards legislation governance but, I have a different point of view.
There are few cyber laws in Malaysia such as Communications & Multimedia Act 1998, Malaysian Communications & Multimedia Commission Act 1998, and Computer Crimes Act 1997. These acts are created to protect the materials that available via networks and also the people. Thus, why do we need all these legislations? Basically, they are meant to guarantee the safety and security of the cyberspace and users. But, why do we still need them if all the users of cyberspace practice good ethics while they communicate within the network (like the author said)? In my opinion, there are no certain ways to 100% ensure all cyberspace’ users are "self-discipline" and that is why many cases of online scam, phishing, privacy violation, are happened in nowadays. Legislations are to protect people who are innocent when online criminal occurs. Nowadays, the cyberspace is widely use by everyone and the tradition or culture of information sharing within cyberspace might changed due to the improvement of technologies. Moreover, the materials that we created and share via cyberspace need to be protected under legislation because those materials are our digital properties and digital properties have been defined.
In conclusion, there are positive and negative sides of cyberspace. The positive is cyberspace eases us to do efficient communication, interactions, and cyberspace is a useful tool to do various tasks. It is true, it changes the way we do our tasks. For example, we use online advertising instead of radio advertising to reach youngsters. Then, the negative is other people do not know the culture, ethics of cyberspace might think cyberspace is dangerous to certain group of people especially children. It is because pornography, violence and other inappropriate materials are available throughout cyberspace. Besides, cyberspace did involve virtual identities. This could bring us danger as virtual identities are lies and that could be any con cases. Those people who are with utopia perception would prefer there are no legislations to govern the cyberspace since they see the cyberspace as an ideal and ethical world. Well, the article did discuss cyberspace is an independent world with ethics and governance is formed by themselves. I have to admit, cyberspace is a new network that grows by itself but it do need both, code of ethics and legislations to achieve higher quality of security within cyberspace. So, which do you prefer? Practice code of ethics within the networks or legislation acts?
So, what does the "transaction" mean for cyberspace? It is not all about the monetary transaction; it is the process of exchanging information. We could do various expressions and interactions within cyberspace and we use it for social network, information search or gathering, online shopping, e-learning, and many more. All these are the events that are exchanging different kinds of information or details to each others. For example, advertiser pushes their product or service knowledge to you and you are obtaining information from the advertiser through the network. Then, what about the "relationships"? Relationship within cyberspace refers to the connection between two or more parties. For example, A and B are connected for interests sharing and also social networking. Therefore, the relationship between A and B is social relationship. Another way to describe the "relationship" is the reason two or more parties do transactions via cyberspace. For example, a laptop company's website is the information provider and you are the information receiver. Nevertheless, a blog website is the blogging service provider and you are the "produser" as you contribute information while you are using the service. There are different relationships take place within cyberspace due to the facilities and functions of cyberspace are no border and limitless.
Back to the point, law governance is not needed for cyberspace in 1996 but now?
The author expressed his unhappiness about the legal concept that implied on cyberspace by the United States government. It is because, he believes that the people within the networks would practice good ethics and cyberspace do not involve matters that need a lawsuit to protect.
"We have no elected government, nor are we likely to have one". Cyberspace is an independent world and it has no central authority which mean there are no specific power to control the whole cyberspace in worldwide. But, based on the article it said United States have created a law - Telecommunications Reform Act. The legislation act will absolutely observe and guard the activities within cyberspace. Then, the author claimed "We believe that from ethics, enlightened self-interest, and the commonweal, our governance will emerge". It seems like law is "threatening" people to avoid them to do certain things and the code of ethics within the networks are better than law in term of humanity. It is because "Legal concepts of property, expression, identity, movement, and context do not apply to us (cyberspace). They are all based on matter, and there is no matter here." This statement refers to cyberspace do not need legislation because, "Things that human mind create can be reproduced and distributed infinitely at no cost within cyberspace" and it said cyberspace is a free world and the "things" share within cyberspace are not matters, these "things" are created by human mind which allow to be distributed with "free of charge". These are the arguments made by the author to support his "objection" towards legislation governance but, I have a different point of view.
There are few cyber laws in Malaysia such as Communications & Multimedia Act 1998, Malaysian Communications & Multimedia Commission Act 1998, and Computer Crimes Act 1997. These acts are created to protect the materials that available via networks and also the people. Thus, why do we need all these legislations? Basically, they are meant to guarantee the safety and security of the cyberspace and users. But, why do we still need them if all the users of cyberspace practice good ethics while they communicate within the network (like the author said)? In my opinion, there are no certain ways to 100% ensure all cyberspace’ users are "self-discipline" and that is why many cases of online scam, phishing, privacy violation, are happened in nowadays. Legislations are to protect people who are innocent when online criminal occurs. Nowadays, the cyberspace is widely use by everyone and the tradition or culture of information sharing within cyberspace might changed due to the improvement of technologies. Moreover, the materials that we created and share via cyberspace need to be protected under legislation because those materials are our digital properties and digital properties have been defined.
In conclusion, there are positive and negative sides of cyberspace. The positive is cyberspace eases us to do efficient communication, interactions, and cyberspace is a useful tool to do various tasks. It is true, it changes the way we do our tasks. For example, we use online advertising instead of radio advertising to reach youngsters. Then, the negative is other people do not know the culture, ethics of cyberspace might think cyberspace is dangerous to certain group of people especially children. It is because pornography, violence and other inappropriate materials are available throughout cyberspace. Besides, cyberspace did involve virtual identities. This could bring us danger as virtual identities are lies and that could be any con cases. Those people who are with utopia perception would prefer there are no legislations to govern the cyberspace since they see the cyberspace as an ideal and ethical world. Well, the article did discuss cyberspace is an independent world with ethics and governance is formed by themselves. I have to admit, cyberspace is a new network that grows by itself but it do need both, code of ethics and legislations to achieve higher quality of security within cyberspace. So, which do you prefer? Practice code of ethics within the networks or legislation acts?
