Shadow Regulation of the Internet with Jeremy Malcolm

Jeremy Malcolm is Senior Global Policy Analyst at Electronic Frontier Foundation, where he works on the international dimensions of issues such as intellectual property, network neutrality, Internet governance, and trade. Jeremy graduated with degrees in Law (with Honours) and Commerce in 1995 from Murdoch University, and completed his PhD thesis at the same University in 2008 on the topic of Internet governance. Jeremy's background is as an information technology and intellectual property lawyer and IT consultant. He is admitted to the bars of the Supreme Court of Western Australia (1995), High Court of Australia (1996) and Appellate Division of New York (2009).

Talk Abstract:

"Shadow Regulation of the Internet"

In the early days of the Internet, there was a debate about whether it should be regulated in the same way as we regulate offline spaces, or whether cyberspace was a separate domain that shouldn't be subject to the laws of nation states. Nowadays, it's commonplace for national legislatures and court systems to regulate the Internet in various ways, so we rarely hear this argument anymore. But the problems of conflicts between national legal systems and the architecture of the borderless Internet still remain. That's why, increasingly, the Internet is being regulated in a different way, that the Electronic Frontier Foundation (EFF) has dubbed Shadow Regulation. If that phrase sounds a little ominous, this talk will explain why.

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