Between truth and power: the legal constructions of informational capitalism PDF
Preview Between truth and power: the legal constructions of informational capitalism
Between Truth and Power Between Truth and Power The Legal Constructions of Informational Capitalism JULIE E. COHEN 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Julie E. Cohen 2019 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. The author has made an online version of the book available under a Creative Com mons Attribution-Noncommercial-Share Alike License, beginning one year (12 months) after publication of the hardcover edition of the Work; it will be accessible through the author’s website at www.juliecohen.com Library of Congress Cataloging- in- Publication Data Names: Cohen, Julie E., author. Title: Between truth and power : the legal constructions of informational capitalism / Julie E. Cohen. Description: New York, NY : Oxford University Press, 2019. | Includes bibliographical references. Identifiers: LCCN 2019002684 | ISBN 9780190246693 (hardcover) Subjects: LCSH: Internet industry— Law and legislation— United States. | Trade regulation— United States. Classification: LCC KF1617. C65 C64 2019 | DDC 343.7309/ 944— dc23 LC record available at https:// lccn.loc.gov/ 2019002684 1 3 5 7 9 8 6 4 2 Printed by Sheridan Books, Inc., United States of America For Natalie and Donald Cohen parents, teachers, contrarians CONTENTS Introduction: Transforming Institutions 1 PART I: PATTERNS OF ENTITLEMENT AND DISENTITLEMENT 1. Everything Old Is New Again— Or Is It? 15 2. The Biopolitical Public Domain 48 3. The Information Laboratory 75 4. Open Networks and Closed Circuits 108 PART II: PATTERNS OF INSTITUTIONAL CHANGE 5. The End(s) of Judicial Process 143 6. The Regulatory State in the Information Age 170 7. Networks, Standards, and Transnational Governance Institutions 202 8. The Future(s) of Fundamental Rights 238 Conclusion: Countermovements, Now and Then 269 Acknowledgments 273 Notes 277 Index 357 Between Truth and Power
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