International Journal of Communications Law and Policy

International Journal of Communications Law and Policy

Issue 2, Winter 1998/1999

 

Review of The Second International Harvard Conference on Internet and Society May 26-29, 1998 (Cybercon '98)
by Christopher Brien *

 

Summer in the Northern Hemisphere is an ideal time to visit the United States States of America. It was even more enjoyable this year when the Second International Harvard Conference on Internet and Society was being conducted in Cambridge, Massachusetts. 1

 

The Berkman Center for Internet and Society at Harvard Law School was established in 1997 and organised Cybercon '98. The Center is a research program founded to explore cyberspace, share in its study, and help pioneer its development but this is not to say that lawyers dominated the Conference  2 Cybercon '98 was a network of teaching and research faculty at Harvard University and elsewhere. Students and entrepreneurs were brought together.

The central theme of Cybercon '98 was the overwhelming need to focus upon the 'hard' questions concerning the impact of the Net upon Society. For example who's going to be included in these technologies ? and what is the proper role of government ? Over 300 people participated from various disciplines. Five concurrent sessions concerning education, law, technology/public policy, community and business were maintained overfour days.

Education

The first keynote speaker was Larry Ellison, Chairman and Chief Executive Officer of Oracle Corporation. He noted that Universities' deliver two products, an education and a degree. He also commented that the Net may take some of the educating away from Universities. According to Ellison 30 per cent of the motivation for people to study at University is for knowledge, whilst the remaining 70 per cent is for making connections, packaging and branding purposes. Ellison speculated that if a few well known Academics at prestigious Institutions taught across the Net they would be able to capture the whole education market. These ideas brought spirited debate from the audience. Professor John Slater from the University of Kent acknowledged that some pieces of courses could be replaced by the Net. He also stated that conceptual knowledge needed tutorial support and that you could not purchase this essential element on the basis of a brand name. There was extensive discussion concerning the role of technology in teaching and learning environments. There was no consensus concerning the topic. This may be attributable to the dynamic nature of the Net and different educational theories.

Law

The dispute between Janet Reno, Attorney General for the United States of America and Microsoft occupied a significant period of time during Cybercon '98. Special sessions examined this topic of anti-trust activities and monopolistic practices in detail. Esther Dyson, Chairman of EDventure Holdings made the following analogy concerning the problems associated with Microsoft and its market tactics. She noted that personal computers are turning into vending machines and that although the individual may own the vending machine, the power lies in who decides what appears on the user's screen.

United States Supreme Court Justice Stephen Breyer was interviewed at the Conference. He stated that the Supreme Court is very unlikely to make detailed laws on the Net. He noted that the Court had taken one Internet decision, declaring unconstitutional the 1994 Communications Decency Act as an infringement of free speech.

Many other legal issues were examined. Separate groups considered: 'Control over Framing, Linking, and Packaging: Who Deserves What ?', 'When Copy and Paste Don't Work: Implications of Trusted Systems' and 'Internet Filtration: Rights to Listen, Rights to Speak, Rights to Tune Out'.

Technology/Public Policy

Matt Drudge was present at the Conference. Through his web site known as the Drudge Report he was the first to distribute the allegations concerning President Clinton's misconduct. Drudge stated that everyone could voice their opinions online and that the only limit was your conscience. A detailed discussion then ensured concerning the activities of journalists and the major media outlets. Censoring the Net through the use filtering software and legislation was also examined. The role of ethics concerning online conduct was noted.

Other discussions included: 'Internet Telephony, Regulatory Policy and Network Infrastructure', 'Balancing Freedom of Communications with Public Values', and 'Electronic Commerce: Security, Privacy, Payment and Authentication'.

Community

Professor Charles Olgletree from Harvard University Law School stated that although the Net is changing how people work the new technology is facing the same old barriers involving race, class and culture. This was the focus to the group discussing 'Barriers to the Internet: Race, Class and Society'.

Professor Brian Smith from the Massachusetts Institute of Technology was able to distinguished the Net from other media. He noted that you have people online wanting to hear stories about others and that there were numerous communities online. This idea was further explored in 'Civic Behavior and Cyberspace: Online and Out of Control ?'.

The notion of a 'Boston Commons Online' was explored by Professor Charles Nesson, Director of the Berkman Center for Internet and Society and Chairman of the Conference. Some of these thoughts were later examined in the 'Our Online Town' discussion group.

Business

Lou Gestner Jr., Chairman and Chief Executive Officer of IBM effectively clarified the impact of the Net upon business. He stated that the Net is not a revolution in technology, the revolution is about changes in institutional processes. Professor Steven Bradley from Harvard University concluded that business operates on a faster and shorter time cycle. Other discussion involved: the 'Role of Venture Capital in Creating 'Winners' in the Information Economy', 'Building Strategic Intranets for Competitive Advantage, Winners and Losers in the Age of the Internet' and 'Internet Entrepreneur vs Captain of Industry: Can they Fight Fair'.

Overall the Conference examined how society interacts with the Net. One message that was very clear at the end of the Conference was that the Net challenges large organisations. It empowers individuals and small groups. The most refreshing presentation at the Conference was given by Kim Polese, President and Chief Executive Officer of Marimba Inc. Polese discussed the unintended consequences of technology.

President Neil Rudensteine of Harvard University when opening the Conference mentioned that we need the benefit of one another's knowledge, experience, judgment, skills and perhaps most of all one another's imagination to understand the Net. This is an important statement. The Net is fueled by ideas and not technology. Ideas are derived from a diversity of experiences and different approaches. Cybercon'98 achieved this purpose.

Above all it was evident at Cybercon '98 that Harvard as an educational Institution is encouraging discussion and promoting activities concerning the Net. The first Harvard Conference on Internet and Society occurred in 1996  3 and I look forward to participating in the Third Conference to be held in 2000.

Endnotes

Note *: Christopher Brien LL.M., LL.B. (Syd), B.A. (Macq), G.D.L.P.(UTS), G.Cert.Ed.(JCU). Lecturer in Law, School of Financial Studies, Charles Sturt University, Wagga Wagga, New South Wales 2678 Australia
http://www.csu.edu.au/law Back.

Note 1: The Second International Harvard Conference on Internet and Society May 26-29, 1998
http://cybercon98.harvard.edu/asp/splash.asp  Back.

Note 2: The Berkman Center for Internet and Society at Harvard Law School
http://cyber.harvard.edu  Back.

Note 3: O'Reilly & Associates (ed) The Harvard Conference on Internet and Society.
May 28-31, 1996 (O'Reilly & Associates, California, USA: 1997).  Back.