Open Law. While the Internet enables faster, more efficient communication, it also introduces an unparalleled level of transparency, or openness, to many traditionally closed processes. Can we balance the benefits of this new openness with its drawbacks?
Open Governance. What is open Internet governance? Internet users have criticized attempts by traditional governing bodies to regulate the Internet, yet even in the absence of official government action the Internet is governed¬óboth by the social norms of Internet users and through its technical architecture, the code that determines how users navigate the space. Given its specific properties, can Internet governance be carried out openly and democratically, with the transparency often demanded of traditional governments?
OPEN LAW: Projects exploring this question include: Openlaw [4], experimenting in the 'open source' development of legal argument ~ Digital Discovery [5], examining discovery in litigation in the digital age ~ Chilling Effects [6], tracking legal threats (C&D letters) to expression on the Web ~ Tech Bill of Rights: Access to Justice, drafting a set of enforceable principles to preserve justice in a technology-integrated legal system.
OPEN GOVERNANCE: Projects exploring this issue include: ICANN [7], an experiment in active study wherein Berkman affiliates facilitate remote participation [8] at quarterly meetings of the Internet Corporation for Assigned Names and Numbers (ICANN [9]), gaining both hands-on experience with the organization and data for explorations of the substantive legal, social and political issues that surround it.
