Law in the Internet Society

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DevinMcDougallFirstPaper 4 - 27 Oct 2011 - Main.AaronChan
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The Distributed Generation: Technology, Politics, Law

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 Our class's law-tech-politics triad is applicable to goal of sustainable energy, because as with network freedom, technology and law are very important structuring principles organizing the political opportunity structure. Further, energy, as with telecommunications, is tightly regulated, which means technology and law interdigitate. However, there are some relevant differences. As with telecommunications, prospects for salutary changes in the relevant federal law are poor. However, unlike telecommunications, there is significant lawmaking power at the state level. This is the result of differences in how the relevant law and technology are structured. A network performs its bitmoving functions better the wider it can cast its net. Energy, however, can be generated and used locally and regionally, which contributed to the evolution of state-level regulation. Although some federal laws powerfully affect energy, state public utility commissions also play an important role in modulating the sustainability of the energy system. The creates a broader field of potential openings for directly affecting law through politics than is the case for network freedom.

Within the domain of technology, aspects of our class's pipes-switches concept are also applicable. One key strategy for protecting network freedoms is decentralizing: to multiply the number of switches and help them talk to each other. This entails helping users convert zombie "platforms" into working switches. Decentralization is also a helpful strategic principle for sustainable energy advocates. On a technical level, decentralization has special relevance for sustainable energy because electrons don't travel well, even with the best infrastructure. On a political level, however, decentralization benefits both network freedom and sustainable energy by dispersing malignant concentrations of economic power. Finally, on a personal level, decentralization benefits individuals psychologically by contributing to a sense of personal efficacy, which is a useful trait for individuals engaged in advocacy in any domain and for sustaining justice generally.

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I wonder how much of the analysis we've applied to informational goods also applies to energy. The biggest difference I see is that energy is not produced at zero marginal cost. Maybe there is value in moving energy over pipes. Thus analyzing the pipes and switches for energy may not be as helpful when it comes to energy.

-- AaronChan - 27 Oct 2011

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Revision 4r4 - 27 Oct 2011 - 13:35:15 - AaronChan
Revision 3r3 - 21 Oct 2011 - 23:24:32 - DevinMcDougall
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