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Part 1 – Digital Life & Private Life. Laws of Disruption. Edward Mc Laughlin July 2011. U.S. Legal System. http:// www.youtube.com/watch?v =mEJL2Uuv-oQ. Legislative Flowchart. Agencies. Formal v . Informal rulemaking Published in Federal Register Comment Period Hearing – If Formal

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Laws of Disruption

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Part 1 – Digital Life & Private Life

Laws of Disruption

Edward Mc Laughlin

July 2011


U.S. Legal System

http://www.youtube.com/watch?v=mEJL2Uuv-oQ


Legislative Flowchart


Agencies

  • Formal v. Informal rulemaking

  • Published in Federal Register

  • Comment Period

  • Hearing – If Formal

  • Changes Made

  • Published in Federal Register as Law

  • http://www.gpoaccess.gov/fr/index.html


Judiciary


Who Cares?

This isn’t Com Law.


Law of Disruption

Technology changes exponentially, but social, economic, and legal systems change incrementally.


Key Concepts

  • Old System doesn’t work in New World

  • Converging Spaces

  • Privacy

  • Civil Liberties – Free Speech and Surveillance

  • Ethical Qualm


Digital Life

Parallel Existence

  • Digital World Different from Real Life

  • Legal System Paralyzed in this space


Law One

Convergence

  • Where do our online activities take place?

  • Jurisdiction questions emerge


Law Two

Personal Information - Privacy

  • Constitutional Argument?

  • Economic Value

  • Where’s the Line?

  • http://online.wsj.com/public/page/what-they-know-digital-privacy.html?mod=WSJ_topnav_na_tech


Law Three

Human Rights – Digital Civil Liberties

  • Electronic Surveillance

  • Free Speech

  • Digital Bill of Rights or Magna Carta


Forces in Tension

Profit Motive v. Legal System

Ethical Dilemma

Must use our own moral compass to navigate the digital landscape.


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