In separate concurring opinions, Justice Alito and Justice Sotomayor both problematize the majority opinion’s focus on “physical intrusion,” yet only Sotomayor’s concurring opinion offers a consideration of the interests and concerns of U.S. citizens who currently exist in what is, at least to them, a largely mystified and little understood information environment. As Sotomayor argues in her concurring opinion:

[The end-to-end principle] has been a core principle of the Internet’s architecture, and, in my view, one of the most important reasons that the Internet produced the innovation and growth that it has enjoyed. But its consequences for purposes of identification and authentication make both extremely difficult with the basic protocols of the Internet alone. It is as if you were in a carnival funhouse with the lights dimmed to darkness and voices coming from around you, but from people you do not know and from places you cannot identify. The system knows that there are entities out there interacting with it, but it knows nothing about who those entities are. While in real space —and here is the important point—anonymity has to be created, in cyberspace anonymity is the given.

This difference in the architectures of real space and cyberspace makes a big difference in the regulability of behavior in each. The absence of relatively self-authenticating facts in cyberspace makes it extremely difficult to regulate behavior there … We ’re far enough into this history to see that the trend toward this authentication is unstoppable. The only question is whether we will build into this system of authentication the kinds of protections for privacy and autonomy that are needed.

Two controversial pieces of legislation that would significantly alter the architecture of the internet are currently being debated in congress: the Stop Online Privacy Act (SOPA) in the U.S. House of Representatives, and the Protect IP Act (PIPA) in the U.S. Senate. The following is a round up of some sources I’ve found helpful in trying to understand the effect that these pieces of legislation would have on the informational architecture of the internet.

The first comes from the Electronic Frontier Foundation who recently published an open letter to congress from 83 prominent internet engineers and architects. The letter is short and worth a full read, but here is the key passage (emphasis mine):

The third is a piece Julian Sanchez wrote for the Cato Institute. Sanchez discusses the link between information architecture and free speech in order to argue that SOPA and PIPA would constitute a new legal and technological architecture of censorship (emphasis mine):

SOPA is a 70 page statute establishing a detailed legal process by which the Justice Department can initiate blocking of supposed pirate domains by ISPs and search engines, and by which private parties can seek orders requiring payment processors and ad networks to sever tie.

… If SOPA passes, thousands of commercial ISPs, colleges, small businesses, nonprofits, and other entities that maintain domain servers are going to have to reconfigure their networks, potentially at substantial cost, in order to easily comply with the new law.

… These twin architectures will obliterate major institutional barriers to Internet censorship generally, not just censorship for antipiracy purposes.

The fourth is the Obama Administration’s response to SOPA/PIPA, written by Victoria Espinel (IP Enforcement Coordinator at Office of Management and Budget), Aneesh Chopra (U.S. Chief Technology Officer and Assistant to the President and Associate Director for Technology at the Office of Science and Technology Policy), and Howard Schmidt (Special Assistant to the President and Cybersecurity Coordinator for National Security Staff) (emphasis theirs):

We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet. Proposed laws must not tamper with the technical architecture of the Internet through manipulation of the Domain Name System (DNS), a foundation of Internet security. Our analysis of the DNS filtering provisions in some proposed legislation suggests that they pose a real risk to cybersecurity and yet leave contraband goods and services accessible online. We must avoid legislation that drives users to dangerous, unreliable DNS servers and puts next-generation security policies, such as the deployment of DNSSEC, at risk.

And finally – A short video, from a group called Fight for the Future, illustrating what PIPA entails and the chilling effect it would have on the internet:

Incited by the case of the felony conviction of a young woman of color for sexting with her girlfriend in Oregon and participatory research on criminalization among 1,100 young people in New York City, the mini-conference focused on the nexus of youth, technology, law enforcement, and constructions of racialized sexuality. Using a broad definition of “policing” that extends across jails, schools, subways, and cyberspace, the conference examined the tools that parents, professionals, and others use to watch over, intervene with, and attempt to “correct” youth [more info: opencuny.org/growinguppoliced].

Conference Opening by Michelle Fine:

Presentations, Panels, and Discussions:

Web-based industry has already become a critical part of our economies. The UK’s industry is already worth £100 billion, accounting for 8% of our total GDP, and is forecast to grow at 10 percent over the next four years. Globally, e-commerce sees $8 trillion change hands each year …

Our reliance on cyber blurs geographical boundaries, breaks down traditional cultural and religious divides, brings families and friends closer together and enables contact between those who share common interests or concerns.

… the computer is a metaphysical machine. Children too are provoked. The computer creates new occasions for thinking through the fundamental questions to which childhood must give a response, among them the question “what is life?”

From Sesame Street (h/t jgieseking, Aga Skorupka):