Guest Lecture. School of Media, Communication and Theater, University of Tampere. March 28, 2014.

1. Re-Thinking Rule-Making in the Digital
Internet Governance beyond Institutions
1
Christian Katzenbach
!
Guest Lecture
University of Tampere
March 28, 2014

2. !2

3. Internet Policy/Governance on the Agenda!
!3

4. !4
What is Internet Governance, anyways?

5. !5
Internet Governance: Common Definitions
„the development and application by governments, the private sector
and civil society, in their respective roles, of shared principles, norms,
rules, decision-making procedures, and programs that shape the evolution
and use of the Internet“
WGIG 2005
„Common to all definitions
of governance is a notion of
steering.“
„Internet governance refers
generally to policy and technical
coordination issues related to the
exchange of information over the
Internet“ DeNArdis 2009 van eeten / Mueller 2013
Rule-Making as Steering
Intentionality
Subject vs. Object of Regulation

6. Internet Governance: Common Institutions

7. Internet Governance as Transnational Governance
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Pluralization of Actors
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Puppis 2010

8. Internet Governance as Transnational Governance
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transnational
self-/co-regulation
transnational
self-/co-regulation
!
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Pluralization of Actors
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Puppis 2010

9. Internet Governance Definitions
!8
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Process-Dimension
Internet Governance as Steering
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Structural Dimension
Internet Governance as Policy Organizations

10. Internet Policy/Governance on the Agenda!
!9

11. !10
What is Internet Governance, anyways?

12. !11

13. !11
What is Governance, anyways?

14. !12
Governance: Common Definitions
„governance refers to all
patterns of rule and explores the
construction of social order and
social coordination“
„sustaining co-ordination and
coherence among a wide variety of actors
with different purposes and objectives such
as political actors and institutions,
corporate interests, civil society, and
transnational organizations.’’Bevir 2009
„the regulatory structure as a whole,
i.e., the entirety of forms of rules that aim
to organize media systems
Rechtswissenschaft„the sum total of mechanisms,
both formal and informal, national and
supranational, centralized and dispersed,
that aim to organize media systems“
Pierre 2000
Freedman 2008 Puppis 2010

15. !13
Coordination and
Interdependencies
Sociology
Binding Rules and
Collective Goods
Political Science
Law and
Regulatory Structures
Legal Scholars
Transaction Costs
Economics
Governance: Disciplinary Interests

16. Governance (Structure): Pluralization of Actors
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Pluralization of Actors
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• Multiple Fora und Policy Organizations
• Heterogenous Actors
• Heterogenous Intentions
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Puppis 2010

17. Governance (Structure): Pluralization of Actors
!14
transnational
self-/co-regulation
transnational
self-/co-regulation
!
!
!
Pluralization of Actors
!
• Multiple Fora und Policy Organizations
• Heterogenous Actors
• Heterogenous Intentions
!
Puppis 2010

18. Governance (Process): De-Centering Coordination
!15
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Pluralization of Mechanisms
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Discourse
Values
Competition
Legislation
Norms
Expertise
Knowledge
Institutions
Coordination
Legitimation
Markets

19. Governance: Summary
!16
!
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Governance Research undermines notion of…
!
• Rule-Making as Steering and of…
• Rule-Making as happening exclusively in Policy Organizations
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— De-centered and Heterogenous Governance Arrangements

20. !17
From Governance as Regulation
to Governance as (reflexive) Coordination

21. !17

22. Governance: Changing the Perspective
!18
Social Order
Regulation / Steering

23. Governance: Changing the Perspective
!19
Social Order
Regulation / Steering
Coordination

24. Governance with Sociological Neo-Insitutionalism
!20
Regulative Pillar
Institutions as sanction-based Regulations
!
Normative Pillar
Institutions as normative
Expectations
!
Cultural-Cognitive Pillar
Institutionen as cultural-cognitive Patterns
!
+ Material Dimension
Technological and Material
Manifestation of Institutions

25. Side-path: Technologies as Institutions?
!21

26. Side-path: Technologies as Institutions?
!21
Impacts of Technology on social
behaviour and sectoral change
1

27. Side-path: Technologies as Institutions?
!21
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2

28. Side-path: Technologies as Institutions?
!21
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication

29. Side-path: Technologies as Institutions?
!21
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication
‣ Technology Development!
‣ „Leitbilder“!
‣ Standardisation!
‣ Regulation

30. Side-path: Technologies as Institutions?
!21
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication
‣ Technology Development!
‣ „Leitbilder“!
‣ Standardisation!
‣ Regulation
‣ Technology as functional
equivalent!
‣ Durkheim‘s social facts!
‣ Hardened social action and
structured

31. Side-path: Technologies as Institutions?
!21
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication
‣ Technology Development!
‣ „Leitbilder“!
‣ Standardisation!
‣ Regulation
‣ Technology as functional
equivalent!
‣ Durkheim‘s social facts!
‣ Hardened social action and
structured
‣ Technology is Society made
durable

32. 17.00 - 17.15 Arrival
17.15 - 17.30 Welcome
17.30 - 18.00 Welcome
18.00 - 18.15 Welcome
18.15 - 18.30 Welcome
18.30 - 18.45 Welcome
18.45 - 19.45 Welcome
19.45 - 20.00 Welcome

33. 17.00 - 17.15 Arrival
17.15 - 17.30 Welcome
17.30 - 18.00 Welcome
18.00 - 18.15 Welcome
18.15 - 18.30 Welcome
18.30 - 18.45 Welcome
18.45 - 19.45 Welcome
19.45 - 20.00 Welcome
Picture: clemensfranz (CC By-SA 3.0)

34. Side-path: Technologies as Institutions?
!24

35. Side-path: Technologies as Institutions?
!24
Impacts of Technology on social
behaviour and sectoral change
1

36. Side-path: Technologies as Institutions?
!24
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2

37. Side-path: Technologies as Institutions?
!24
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication

38. Side-path: Technologies as Institutions?
!24
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication
‣ Technology Development!
‣ „Leitbilder“!
‣ Standardisation!
‣ Regulation

39. Side-path: Technologies as Institutions?
!24
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication
‣ Technology Development!
‣ „Leitbilder“!
‣ Standardisation!
‣ Regulation
‣ Technology as functional
equivalent!
‣ Durkheim‘s social facts!
‣ Hardened social action and
structured

40. Side-path: Technologies as Institutions?
!24
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication
‣ Technology Development!
‣ „Leitbilder“!
‣ Standardisation!
‣ Regulation
‣ Technology as functional
equivalent!
‣ Durkheim‘s social facts!
‣ Hardened social action and
structured
‣ Technology is Society made
durable

41. Side-path: Technologies as Institutions?
!24
Impacts of Technology on social
behaviour and sectoral change
1 Political and Social Construction of
Technology
2‣ Technology in Use!
‣ Meaning and Usage are ascribed,
not determined!
‣ Domestication
‣ Technology Development!
‣ „Leitbilder“!
‣ Standardisation!
‣ Regulation
‣ Technology as functional
equivalent!
‣ Durkheim‘s social facts!
‣ Hardened social action and
structured
‣ Technology is Society made
durable

42. Governance with Sociological Neo-Insitutionalism
!25
Regulative Pillar
Institutions as sanction-based Regulations
!
Normative Pillar
Institutions as normative
Expectations
!
Cultural-Cognitive Pillar
Institutionen as cultural-cognitive Patterns
!
+ Material Dimension
Technological and Material
Manifestation of Institutions

43. Regulation (+ incl. Private ordering
!
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(informal) Norms and Practises
!
Discourses and Framings
!
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Governance and Technology
4 Research Perspectives
!26
Regulative Pillar
Institutions as sanction-based Regulations
!
Normative Pillar
Institutions as normative
Expectations
!
Cultural-Cognitive Pillar
Institutionen as cultural-cognitive Patterns
!
+ Material Dimension
Technological and Material
Manifestation of Institutions

44. !27
Illustrating the 4 Research Perspectives
!
Coordinating the Circulation of Cultural Goods
(the regulatory Field formerly known as Coypright)

45. Governance I: Regulation + Private
Ordering
!28
Lead Questions:
Which Actors establish which Rules with what
kind of Scope? How is Compliance monitored
and Deviation sanctioned? How are Rules
interpreted and adapted?
!
Empirical Account:
Establishment, Materialisation and Adaption of
Rules
!
Examples:
Copyight (International Contracts, national
Agreements), ToS of Digital Services and
Online Platforms, Google Books

46. Governance II: (informal) Norms and Practices
!29
Lead Questions:
With which normative expectations are
actors confronted, which ones are
internalized? How are these norms
establish and negotiated?
!
Empirical Account:
Beobachtung und Befragung von
Communities
!
Examples:
Sharing Practises on Platforms (Tumblr),
Darknet File-Sharing,
from low IP Regimes to complex Digital
Media?

47. Governance II: (informal) Norms and Practices
!29
Lead Questions:
With which normative expectations are
actors confronted, which ones are
internalized? How are these norms
establish and negotiated?
!
Empirical Account:
Beobachtung und Befragung von
Communities
!
Examples:
Sharing Practises on Platforms (Tumblr),
Darknet File-Sharing,
from low IP Regimes to complex Digital
Media?

48. Governance II: (informal) Norms and Practices
!29
Lead Questions:
With which normative expectations are
actors confronted, which ones are
internalized? How are these norms
establish and negotiated?
!
Empirical Account:
Beobachtung und Befragung von
Communities
!
Examples:
Sharing Practises on Platforms (Tumblr),
Darknet File-Sharing,
from low IP Regimes to complex Digital
Media?

49. Governance II: (informal) Norms and Practices
!29
Lead Questions:
With which normative expectations are
actors confronted, which ones are
internalized? How are these norms
establish and negotiated?
!
Empirical Account:
Beobachtung und Befragung von
Communities
!
Examples:
Sharing Practises on Platforms (Tumblr),
Darknet File-Sharing,
from low IP Regimes to complex Digital
Media?

50. Governance III: Discourses and Framings
!30
Lead Questions:
What is „taken for granted“? Construction
and Deconstruction of shared Frames and
Perspectives?
!
Empirical Accounts:
Discourse Analyses, Politisation, Issue
Formation, Frames
!
Examples:
Conflicts on „Intellectual Property“ Haunss); the
construction of „music piracy“(Denegri-Knott);
Imitation und Innovation in der Games-Branche

51. Governance IV: Governance and Technology
!31
Lead Questions:
In which way are Rules inscribed into
Technologie? How do Algorithms structure
and regulate our Communication
Routines?
!
Empirical Accounts:
Ethnograhies of Tinkering, Digital
Methods, User Interactions
!
Examples:
DRM in the Music and Publishing
Industry; YouTube’ Upload-Filtering
Google Search, Facebook Newsstream

52. Conclusion: Internet Governance as Coordination
!32
!
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Rule-Making is not only about Steering
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Rule-Making that does not only happen in Policy Organization
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Complexity and Disarray of regulatory sources, sites and process
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From Governance as Regulation to Governance as Coordination
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» Internet Governance and Everyday Life

53. !33
!
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Pictures
Bundestag: Times, CC-BY-SA-3.0-2.5-2.0-1.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia
Commons. URL: http://commons.wikimedia.org/wiki/File:Deutscher_Bundestag_Plenarsaal_Seitenansicht.jpg
DSDS, American Idol, Indian Idol: Pressematerial der Sender.
Instagram, iTunes: Eigene Screenshots der Websites.
Küche: Cornelius Jacobsen (Riksarkivet, National Archives of Norway. Archivnr: Pa1528_ua2_012. URL: http://
www.flickr.com/photos/national_archives_of_norway/6475926375/)
Laurel Hardy: Dougal McGuire CC-BY-SA 2.0. URL: http://www.flickr.com/photos/tom-margie/1535543995/)
Christian Katzenbach
!
Alexander von Humboldt Institute for Internet
and Society
Berlin, Germany
katzenbach@hiig.de
Visit our Internet Policy Review under
http://policyreview.info !
for short-form papers on !
Internet Governance