The 4 Phases of Internet Regulation

       In "The 4 Phases of Internet Regulation," John Palfrey of Harvard university walks us through the various eras of the internet and the transition towards heavier regulation. It’s been a long a grueling process, with most regulations being a result of a reaction to something apparently undesirable, rather than a preemptive strike against things which are presumedly undesirable. And even once these regulations have been imposed, is it truly possible to enforce them? Especially when one considers the range of technology at individuals disposal in terms of circumventing firewalls and content filters such as Tor (anonymity online) and VPN (virtual private network) proxy servers.

In the earliest days of the World Wide Web, access was unlimited, but not necessarily easy. In stark contrast to the idea behind safe-harbor times in terms of broadcast indecency, originally there was no concern at all due primarily to the fact that most people simply did not have access to the technology. Of course, once computer systems have risen to prominence by the mid-1990’s, attitudes begin to change. As computer became more and more common in the home, there was an increasing concern that indecent material would be accessed (possibly involuntary) by minors and children. Much like the issues surrounding the regulation of the telephone and broadcast radio and television, a great deal of concern is placed around the idea that children need to somehow be protected from the harsh truths of reality which envelope their existence. While we as a people must respect certain people’s desires for how and when their children are exposed to certain content, are we not doing more harm than good by attempting to pretend that it simply doesn't exist at all?

Even when there is a push to limit access to, or even remove certain content entirely from the internet, Tor is making it possible for individuals to host website anonymously, making it nearly impossible to hunt down any sort of responsible (culpable) individual. In China, the go-to example of a heavily content-filtered web, many people are able to circumvent the country’s firewall simply by maintaining a private connection to a computer located outside the country, which can then act as a proxy server to the individual still within China’s boundaries. Even beyond that, Tor, whilst providing a free-speech outlet in many places which are afforded no such civil liberties, has enabled the establishment of much less desirable internet activity such as drug dealing and the distribution of child pornography. It is a constant give and take, between the freedoms which this technology has granted us, and what we consider as something that aught to be limited or prevented. It is ultimately subjective; and governments must weigh the concerns of their citizens equally before enacting legislation which regulates internet content in terms of both access and distribution.

It is a complex problem, but ultimately, can the internet truly be regulated at all? As long as someone has the resources to mask their identity online, how can anyone be charged with any crime? And even if something is considered undesirable, doesn't the expansiveness of the internet and range of available technology in the current era of there internet make it nearly impossible to filter out?

Interesting links to explore:

https://www.torproject.org - Anonymity Online; an array of software tools which help you mask your internet presence and allows access to ‘hidden’ sites being hosted from private servers embedded within the network (often times illicit or clandestine).

http://www.youtube.com/watch?v=dWfUOG0EA9w  - A very good visual representation of the implications concerning internet regulation (especially with the involvement of third parties) in China.