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In Search of Jefferson's Moose
Notes on the State of Cyberspace
David G. Post
264 pages
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47 b/w illus.
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152x228mm
978-0-19-985821-7
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Paperback
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22 March 2012
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David Post is one of the most prominent Internet scholars in America and the leading figure in the burgeoning field of cyberspace law; he writes frequently for the popular Volokh Conspiracy blog.
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Uniquely connects American history with cyberspace law-Post intersperses his narrative with apt excerpts from Thomas Jefferson's writings.
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Written in an engaging, accessible style.
In 1787, Thomas Jefferson, then the American Minister to France, had the "complete skeleton, skin & horns" of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson's efforts, David Post, one of the nation's leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace—what it is, how it works, and how it should be governed.
What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright
law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled? Should they be controlled? And by whom? Post presents the Jeffersonian ideal—small self-governing units, loosely linked together as peers in groups of larger and larger size—as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson's writings on the New World in Notes on the State of Virginia, Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social
perspective as he uniquely applies Jefferson's views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace.
In Search of Jefferson's Moose is a lively, accessible, and remarkably original overview of the Internet and what it holds for the future.Readership:
General readers interested in technology, law, and American history; students and scholars of technology, communications law, net neutrality, copyright law, political science, and sociology.
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David G. Post, I. Herman Stern Professor of Law, Beasley School of Law at Temple University David Post is currently the I. Herman Stern Professor of Law at the Beasley School of Law at Temple University, where he teaches intellectual property law and the law of cyberspace. He is also an Adjunct Scholar at the Cato Institute, a Fellow at the Institute for Information Law and Policy at New York Law School, and a contributor to the influential Volokh Conspiracy blog. For more information, please visit: www.jeffersonsmoose.org.
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Preface
Acknowledgements
A Note to the Reader
Prologue: The Fox, the Hedgehog, and the Moose
Part I: Chaos
Chapter 1: Mapping the Territory: The Geography of Nowhere
Chapter 2: Population
Chapter 3: Networks
Chapter 4: Jefferson's Moose, and The Problem of Scale (I)
Chapter 5: The Problem of Scale (II)
Chapter 6: Connections
Chapter 7: Language, I
Interlude
Part II: Order
Chapter 8: Language II
Chapter 9: Governing Cyberspace I: Code
Chapter 10: Governing Cyberspace II: Names
Chapter 11: Governing Cyberspace III: Law
Chapter 12: Newton's Plow, and The Condition of the General Mind
Epilogue: Jefferson's Nature, and the Nature of Cyberspace
References and Suggested Readings
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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