'Rethinking Relations and Regimes of Power in Online Social Networking Sites: Tales of Control, Strife, and Negotiations in Facebook and Youtube.'

For those of you who are interested in my doctoral thesis, I have included the abstract below: 

This doctoral thesis investigates the potentially complex power effects generated in Online Social Networking Sites (‘OSNS’), such as YouTube and Facebook, when legal values, such as copyright and personal data, are protected and/or violated. In order to develop this analysis, in Chapter Two, I critically analyse key academic writings on internet regulation and argue that I need to move away from the dominant ‘regulatory’ lens to my Actor-Network Theory-Foucauldian Power Lens (‘ANT-Foucauldian Power Lens’) in order to be able to capture the potentially complex web of power effects generated in YouTube and Facebook when copyright and personal data are protected and/or violated. In Chapter Three, I develop my ANT-Foucauldian Power Lens and explore how key ANT ideas such as translation can be used in conjunction with Foucauldian ideas such as governmentality. I utilise my ANT-Foucauldian Power Lens in Chapters Four to Seven to analyse how YouTube and Facebook are constructed as heterogeneous, contingent and precarious ‘actor-networks’ and I map in detail the complex power effects generated from specific local connections. I argue five key points. Firstly, I suggest that complex, multiple, and contingent power effects are generated when key social, legal, and technological actants are locally, contingently, and precariously ‘fitted together’ in YouTube and Facebook when copyright and personal data are protected and/or violated. Secondly, I argue that ‘materialities’ play key roles in maintaining the power effects generated by specific local connections. Thirdly, I argue that there are close links between power and ‘spatialities’ through my analysis of the Privacy Settings and Tagging in Facebook. Fourthly, I argue that my relational understandings of YouTube and Facebook generate a more comprehensive view of the power effects of specific legal elements such as how specific territorial laws in YouTube gain their authority by virtue of their durable and heterogeneous connections. Finally, I argue that we can extrapolate from my empirical findings to build a small-scale theory about the power effects generated in OSNS when legal values are protected and/or violated. Here I also consider the contributions made by my research to three distinct fields, namely, internet regulation, socio-legal studies, and actor-network theory.

Weekly Cyber-Law News Round

Wow this week has flown by so quickly: where did it all go?!! It has been quite exciting week in terms of legal developments in the area of cyberspace. The usual suspects are in the news: Google Street View, Facebook, piracy, and privacy. But it has also been a week of great significance for copyright laws in the UK (adoption of the Gallo report), and some surprising developments in trademarks law (woman claiming trademark protection for her name).

My pick of the top cyber-law news for this week in descending chronological order:

• Legal row over who can use the word 'pod' #Apple #USPatentOffice http://tinyurl.com/36gcvqw

• Channel islanders attack Street View car http://tinyurl.com/3yy5kck

• US Senate considers update to Electronic Communications #Privacy Act http://bit.ly/9prdfQ

• Spanish court rules that #YouTube is nt liable 4 breach of #copyright re YouTube/#Telecinco copyright dispute http://tinyurl.com/2fmx23z

• Facebook Ends Conversion Tracking For Ads http://tinyurl.com/2e55a9h

• Google tackles rogue pharmacies in court #consumer protection http://tinyurl.com/33zf5pp

• EU Parliament adopt #Gallo Report on pan-European #copyright laws http://tinyurl.com/2ueykrw

• Proposed US law could force ISPs to block websites on piracy allegations http://tinyurl.com/34k935z

• Ontario Privacy Commissioner says Facebook has addressed privacy concerns http://tinyurl.com/295ywcy

• Google's 'Street View' banned for privacy invasion Czech Republic's privacy watchdog says Google http://bit.ly/cgJrA9

• Lawsuits Filed Over “Zombie” Cookies http://tinyurl.com/3966lop #privacy

• US Autodesk decision gives software company the tool to prevent the resale of licensed software by unauthorised third parties http://tinyurl.com/33u2bev #in

• Google's new Transparency Report logs government requests for personal info, takedown requests and blocking: http://bit.ly/dueLKf
  

• Lawyers Sued Over Blog Posts Criticizing Referral Hotline for Personal Injury Cases http://is.gd/flsUg

• Street View prompts privacy code in Germany http://tinyurl.com/3xsfmwq

• Code That Tracks Users’ Browsing Prompts Lawsuits http://tinyurl.com/39dl8lj

• Online hotel bookings to be probed for price-fixing by OFT http://tinyurl.com/33jr89p

• HP and Oracle settle dispute over Mark Hurd #confidentiality http://tinyurl.com/342wlvy

• Woman Trademarks Her Name, Says No One Can Use It Without Her Permission http://ow.ly/2GSXx

• Germany opposes Google Street View switch-on http://tinyurl.com/3xsfmwq

Hope you guys enjoy the new weekly cyber-law news round!

One step closer to an Orwellian world.

What is the Government`s answer to the growing and multifold use of internet and mobile phones: a central database of the traffic generated by both technologies!! The Government justifies its proposal on the premise of 'keeping up' with new technologies. CyberPanda is shocked at this very weak and unpersuasive rationale for such a drastic proposal which is very much reminiscent of Big Brother watching you. Under the current proposal, the information about internet/mobile traffic will be kept for two years and will very likely be held centrally on a searchable database.

The Home Secretary, who unveiled the new proposal today, used all the right terminology: terrorism, sex abuse, murder, drugs trafficking to justify this unprecedented step. The loaded terminology used should not detract one away from the fact that the proposal is very much a threat against the privacy and freedom of expression of net/mobile users. There will be an opportunity for consultation before these proposals are incorporated in the upcoming Communications Data Bill. It remains to be seen what is the aim and scope of the consultation and whether it will, in reality, amend the current proposals in a substantial manner.

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The panda is back!

CyberPanda is back online after a week of holiday: well more hard work than holiday!! News worthy of mention is the launch of the UK Council for Child Internet Safety today. Its aim is to provide a safer online environment for minors by educating children about the dangers online, dealing actively with harmful content online and create a code of conduct for relevant websites.

This is right step but only time will tell whether the new council will have enough teeth to fight back against harmful content online.

The outing of the US i-Patriot Act

The media has reported that Lawrence Lessig has outed the i-Patriot Act (an act equivalent to the Patriot Act and which applies to online activities) at a conference yesterday.

Professor Lessig was reporting his conversation with Richard Clark during which the latter revealed that the i-Patriot Act already exists and the Government is waiting for an i 9/11 event (which he latter explained as not meaning a terrorist attack but rather a susbtantial event which would require the government to take definitive and strong action) to deploy it.

The act would change the manner in which cyberspace is regulated in the US and would, in all likelihood, impose tighter controls on online activities. I wonder whether this was an accident outing or a deliberate one. If it was a deliberate one, then one has to wonder whether how imminent the i-9/11 event is.

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