Review of The Regulation of Cyberspace by Andrew Murray

Abstract

After canvassing with good grace the make-up of cyberspace Andrew Murray wonders, in his recent book The Regulation of Cyberspace, which role traditional lawmakers are left to play in the new cyber-regulatory environment. Murray describes the static `command and control' regulatory model as disruptive and ineffective, and supports instead a dynamic, complimentary, and symbiotic regulatory model, which he presents under the features of an autopoietic environment and systems dynamics theory.Regulatory models, explains Andrew Murray in his recent book The Regulation of Cyberspace, intervene when a `disruptive innovation', such as the Internet, creates a regulatory vacuum. As cyberpaternalists suggest, however, the lack of traditional legal-regulatory control systems does not mean total freedom within cyberspace (p.203). On the contrary, as the author contends, `regulators of all forms rush to fill in this vacuum' so that the traditional regulatory mechanism is replaced by private regulatory systems acting, as Joel Reidenberg exposed, as `proxies' to the traditional regulatory system (i.e. courts and law enforcement authorities). Murray shares this point, but also gives credit to the views of cyberlibertarians. Cyberlibertarians argue that traditional command and control models are at last ineffective, even when they operate through proxies. In cyberspace, so they claim, regulators and regulatees mingle with each other to such an unheard-of extent that regulatory interventions cannot be effective unless regulatees co-operate actively.In his book, professor Andrew Murray treasures the sound arguments advanced by the cyberlibertarian and cyberpaternalist camps, and draws lessons from both in order to build a dialectic confrontation between static instrument and dynamic instrument thinking in the regulation of cyberspace. He consecrates the pars destruens of his work to explain why lawmakers should eschew the static approach and adheres to the pars construens to expand on a more dynamic and `smarter' regulatory model.