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Re-Thinking Rule-Making in the Digital
Internet Governance beyond Institutions
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Christian Katzenbach !
Guest Lecture
University of Tampere
March 28, 2014
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Internet Policy/Governance on the Agenda!
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What is Internet Governance, anyways?
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Internet Governance: Common Definitions
„the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programs that shape the evolution and use of the Internet“
WGIG 2005
„Common to all definitions of governance is a notion of steering.“
„Internet governance refers generally to policy and technical coordination issues related to the exchange of information over the Internet“ DeNArdis 2009 van eeten / Mueller 2013
Rule-Making as Steering
Intentionality
Subject vs. Object of Regulation
Internet Governance: Common Institutions
Internet Governance as Transnational Governance
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!!!Pluralization of Actors !!
Puppis 2010
Internet Governance as Transnational Governance
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transnationalself-/co-regulationtransnationalself-/co-regulation
!!!Pluralization of Actors !!
Puppis 2010
Internet Governance Definitions
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!Process-Dimension Internet Governance as Steering
!Structural Dimension Internet Governance as Policy Organizations
Internet Policy/Governance on the Agenda!
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What is Internet Governance, anyways?
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What is Governance, anyways?
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Governance: Common Definitions
„governance refers to all patterns of rule and explores the construction of social order and social coordination“
„sustaining co-ordination and coherence among a wide variety of actors with different purposes and objectives such as political actors and institutions, corporate interests, civil society, and transnational organizations.’’Bevir 2009
„the regulatory structure as a whole, i.e., the entirety of forms of rules that aim to organize media systems"
Rechtswissenschaft„the sum total of mechanisms, both formal and informal, national and supranational, centralized and dispersed, that aim to organize media systems“
Pierre 2000
Freedman 2008 Puppis 2010
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Coordination and Interdependencies
Sociology
Binding Rules and Collective Goods
Political Science
Law and Regulatory Structures
Legal Scholars
Transaction Costs
Economics
Governance: Disciplinary Interests
Governance (Structure): Pluralization of Actors
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!!!Pluralization of Actors !• Multiple Fora und Policy Organizations • Heterogenous Actors • Heterogenous Intentions
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Puppis 2010
Governance (Structure): Pluralization of Actors
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transnationalself-/co-regulationtransnationalself-/co-regulation
!!!Pluralization of Actors !• Multiple Fora und Policy Organizations • Heterogenous Actors • Heterogenous Intentions
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Puppis 2010
Governance (Process): De-Centering Coordination
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!!!Pluralization of Mechanisms !!!
Discourse
Values
Competition
Legislation
Norms
Expertise
Knowledge
Institutions
Coordination
Legitimation
Markets
Governance: Summary
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!!Governance Research undermines notion of… !• Rule-Making as Steering and of… • Rule-Making as happening exclusively in Policy Organizations !
—> De-centered and Heterogenous Governance Arrangements
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From Governance as Regulationto Governance as (reflexive) Coordination
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Governance: Changing the Perspective
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Social Order
Regulation / Steering
Governance: Changing the Perspective
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Social Order
Regulation / Steering
Coordination
Governance with Sociological Neo-Insitutionalism
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Regulative Pillar Institutions as sanction-based Regulations
!Normative Pillar Institutions as normative
Expectations
!Cultural-Cognitive Pillar Institutionen as cultural-cognitive Patterns
!+ Material Dimension Technological and Material
Manifestation of Institutions
Side-path: Technologies as Institutions?
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Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
‣ Technology Development!‣ „Leitbilder“!‣ Standardisation!‣ Regulation
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
‣ Technology Development!‣ „Leitbilder“!‣ Standardisation!‣ Regulation
‣ Technology as functional equivalent!‣ Durkheim‘s social facts!‣ Hardened social action and structured
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
‣ Technology Development!‣ „Leitbilder“!‣ Standardisation!‣ Regulation
‣ Technology as functional equivalent!‣ Durkheim‘s social facts!‣ Hardened social action and structured
‣ Technology is Society made durable
17.00 - 17.15 Arrival
17.15 - 17.30 Welcome
17.30 - 18.00 Welcome
18.00 - 18.15 Welcome
18.15 - 18.30 Welcome
18.30 - 18.45 Welcome
18.45 - 19.45 Welcome
19.45 - 20.00 Welcome
17.00 - 17.15 Arrival
17.15 - 17.30 Welcome
17.30 - 18.00 Welcome
18.00 - 18.15 Welcome
18.15 - 18.30 Welcome
18.30 - 18.45 Welcome
18.45 - 19.45 Welcome
19.45 - 20.00 Welcome
Picture: clemensfranz (CC By-SA 3.0)
Side-path: Technologies as Institutions?
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Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
Side-path: Technologies as Institutions?
!24
Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
‣ Technology Development!‣ „Leitbilder“!‣ Standardisation!‣ Regulation
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
‣ Technology Development!‣ „Leitbilder“!‣ Standardisation!‣ Regulation
‣ Technology as functional equivalent!‣ Durkheim‘s social facts!‣ Hardened social action and structured
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
‣ Technology Development!‣ „Leitbilder“!‣ Standardisation!‣ Regulation
‣ Technology as functional equivalent!‣ Durkheim‘s social facts!‣ Hardened social action and structured
‣ Technology is Society made durable
Side-path: Technologies as Institutions?
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Impacts of Technology on social behaviour and sectoral change1 Political and Social Construction of
Technology2‣ Technology in Use!
‣ Meaning and Usage are ascribed, not determined!‣ Domestication
‣ Technology Development!‣ „Leitbilder“!‣ Standardisation!‣ Regulation
‣ Technology as functional equivalent!‣ Durkheim‘s social facts!‣ Hardened social action and structured
‣ Technology is Society made durable
Governance with Sociological Neo-Insitutionalism
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Regulative Pillar Institutions as sanction-based Regulations
!Normative Pillar Institutions as normative
Expectations
!Cultural-Cognitive Pillar Institutionen as cultural-cognitive Patterns
!+ Material Dimension Technological and Material
Manifestation of Institutions
Regulation (+ incl. Private ordering) !!
(informal) Norms and Practises !
Discourses and Framings !
!Governance and Technology
4 Research Perspectives
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Regulative Pillar Institutions as sanction-based Regulations
!Normative Pillar Institutions as normative
Expectations
!Cultural-Cognitive Pillar Institutionen as cultural-cognitive Patterns
!+ Material Dimension Technological and Material
Manifestation of Institutions
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Illustrating the 4 Research Perspectives
!Coordinating the Circulation of Cultural Goods (the regulatory Field formerly known as Coypright)
Governance I: Regulation + Private Ordering
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Lead Questions: Which Actors establish which Rules with what kind of Scope? How is Compliance monitored and Deviation sanctioned? How are Rules interpreted and adapted? !Empirical Account: Establishment, Materialisation and Adaption of Rules !Examples: Copyight (International Contracts, national Agreements), ToS of Digital Services and Online Platforms, Google Books
Governance II: (informal) Norms and Practices
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Lead Questions: With which normative expectations are actors confronted, which ones are internalized? How are these norms establish and negotiated? !Empirical Account: Beobachtung und Befragung von Communities !Examples: Sharing Practises on Platforms (Tumblr), Darknet File-Sharing, from low IP Regimes to complex Digital Media?
Governance II: (informal) Norms and Practices
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Lead Questions: With which normative expectations are actors confronted, which ones are internalized? How are these norms establish and negotiated? !Empirical Account: Beobachtung und Befragung von Communities !Examples: Sharing Practises on Platforms (Tumblr), Darknet File-Sharing, from low IP Regimes to complex Digital Media?
Governance II: (informal) Norms and Practices
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Lead Questions: With which normative expectations are actors confronted, which ones are internalized? How are these norms establish and negotiated? !Empirical Account: Beobachtung und Befragung von Communities !Examples: Sharing Practises on Platforms (Tumblr), Darknet File-Sharing, from low IP Regimes to complex Digital Media?
Governance II: (informal) Norms and Practices
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Lead Questions: With which normative expectations are actors confronted, which ones are internalized? How are these norms establish and negotiated? !Empirical Account: Beobachtung und Befragung von Communities !Examples: Sharing Practises on Platforms (Tumblr), Darknet File-Sharing, from low IP Regimes to complex Digital Media?
Governance III: Discourses and Framings
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Lead Questions: What is „taken for granted“? Construction and Deconstruction of shared Frames and Perspectives?
!Empirical Accounts: Discourse Analyses, Politisation, Issue Formation, Frames
!Examples: Conflicts on „Intellectual Property“ Haunss); the construction of „music piracy“(Denegri-Knott); Imitation und Innovation in der Games-Branche
Governance IV: Governance and Technology
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Lead Questions: In which way are Rules inscribed into Technologie? How do Algorithms structure and regulate our Communication Routines?
!Empirical Accounts: Ethnograhies of Tinkering, Digital Methods, User Interactions
!Examples: DRM in the Music and Publishing Industry; YouTube’ Upload-Filtering Google Search, Facebook Newsstream
Conclusion: Internet Governance as Coordination
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!!Rule-Making is not only about Steering !Rule-Making that does not only happen in Policy Organization !Complexity and Disarray of regulatory sources, sites and process !From Governance as Regulation to Governance as Coordination !» Internet Governance and Everyday Life
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!!Pictures Bundestag: Times, CC-BY-SA-3.0-2.5-2.0-1.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons. URL: http://commons.wikimedia.org/wiki/File:Deutscher_Bundestag_Plenarsaal_Seitenansicht.jpg
DSDS, American Idol, Indian Idol: Pressematerial der Sender.
Instagram, iTunes: Eigene Screenshots der Websites.
Küche: Cornelius Jacobsen (Riksarkivet, National Archives of Norway. Archivnr: Pa1528_ua2_012. URL: http://www.flickr.com/photos/national_archives_of_norway/6475926375/)
Laurel & Hardy: Dougal McGuire CC-BY-SA 2.0. URL: http://www.flickr.com/photos/tom-margie/1535543995/)
Christian Katzenbach !Alexander von Humboldt Institute for Internet and Society Berlin, Germany [email protected]
Visit our Internet Policy Review under http://policyreview.info !
for short-form papers on !Internet Governance