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Who should decide how users can use the Internet? users or network providers? Should network providers be allowed to block certain applications or content on their networks? Should they be allowed to offer different classes of service to applications or content, and, if yes, whom should they be allowed to charge for this service? And should the answer to these questions differ depending on whether a network provider engages in these practices to manage bandwidth on its network?

Triggered by changes in Internet technology, these questions over network neutrality have moved to the center of the regulatory and legislative debates surrounding the Internet worldwide. They are at the core of the Open Internet Proceeding, launched by the Federal Communications Commission in October 2009 to explore what rules are needed to secure the Internet's openness. The talk will give an overview of the draft rules proposed by the Federal Communications Commission and explain how the alternative options under consideration would affect the environment for political speech in the United States.

Barbara van Schewick's research focuses on the economic, regulatory, and strategic implications of communication networks. In particular, she explores how changes in the architecture of computer networks affect the economic environment for innovation and competition on the Internet, and how the law should react to these changes. This work has made her a leading expert on the issue of network neutrality.Her book "Internet Architecture and Innovation" will be published by MIT Press this spring.

Professor van Schewick is the Faculty Director of Stanford Law School's Center for Internet and Society and an assistant professor of electrical engineering (by courtesy) at Stanford's Department of Electrical Engineering.

Prior to joining the Stanford Law faculty, van Schewick was a senior researcher at the Technical University Berlin, Germany, and a nonresidential fellow of the Center for Internet and Society. Van Schewick has advised the German Federal Ministry of Education and Research on innovation and technology policy and worked with the German Federal Network Agency on spectrum policy. From August 2000 to November 2001, she was the first residential fellow at the Center for Internet and Society.

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Barbara van Schewick, Assistant Professor at the Stanford Law School, introduced the current debate about net neutrality and explored the implications for diversity and freedom of expression online.

Network providers were at one time ‘application blind' - they were unable to see what was contained in the data packets that allow information to be transmitted online. Now that this is no longer the case, a debate has emerged about the role for regulation in controlling the ability of network providers to block or interfere with applications. What was drawn up as a voluntary policy statement is now being considered and revised by the FCC's Open Internet Proceeding.

Blocking of applications is problematic on several counts. First, there may be incentives for network providers to block applications that threaten their own profitability (for example, Skype). This leads to a situation where the success of applications is no longer decided on user criteria and the overall value created for society diminishes. Second, the great promise of the internet is that it removes traditional gatekeepers (such as mass media outlets) to speech. This is undermined if network providers have the ability to control what content users see. This is particularly problematic since users cannot easily switch to another provider as they could if a particular store did not carry a product they wanted. The cost of switching makes this impractical and in places without a choice of providers, this is not an option.

In drawing up regulation against blocking the FCC is debating a number of related issues:

Discrimination: Even if blocking is prohibited, discriminating between levels of service can still allow network providers to slow down an application to the extent that it becomes un-useable. This is actually a more effective tool than blocking since it is much harder to detect. Users may attribute slow speeds to poor design and potentially useful applications will fail to get traction.                                                                                                                                                                                                                                                                                                                                                                                                                              

Charges for different levels of service: Even if we agree network providers should not discriminate between the services they provide in an arbitrary way, could they offer improved service for payment? Opponents argue that this policy would be bad for competition since new developers would be unable to pay for the levels of service that established players could afford. And it would threaten the ability of poorly resourced minority voices - e.g. small NGOs and publications - to get heard.

Exceptions to discrimination: Network providers argue that there needs to be some discrimination to allow them to undertake reasonable network management. But it is difficult to determine what counts as reasonable management. One concern is that peer to peer networks - which allow those without many resources to exchange material cheaply - might be targeted in particular, since they can create a lot of congestion. This might also threaten the ability of new applications with high bandwidths to get funding, since the risk of being slowed down by the networks would be perceived to be too high by investors.

Many of the major benefits of the internet - the ease of publishing and coordinating, for example - are only possible through applications. Hence the outcome of this debate will have serious implications for the future social and political impact of the internet. 

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Barbara van Schewick Assistant Professor of Law Speaker Stanford Law School
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This volume brings together a distinguished group of scholars working on Eastern Europe and the former Soviet Union to examine in depth three waves of democratic change that took place in eleven different former Communist nations. Its essays draw important conclusions about the rise, development, and breakdown of both democracy and dictatorship in each country and together provide a rich comparative perspective on the post-Communist world. The first democratic wave to sweep this region encompasses the rapid rise of democratic regimes from 1989 to 1992 from the ashes of Communism and Communist states. The second wave arose with accession to the European Union (from 2004 to 2007) and the third, with the electoral defeat of dictators (1996 to 2005) in Croatia, Serbia, Georgia, and Ukraine. Although these three waves took place in different countries and involved different strategies, they nonetheless shared several overarching commonalities. International factors played a role in all three waves, as did citizens demanding political change. Further, each wave revealed not just victorious democrats but also highly resourceful authoritarians. The authors of each chapter in this volume examine both internal and external dimensions of both democratic success and failure.

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Michael A. McFaul
Kathryn Stoner
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Stanford president emeritus Gerhard Casper, the Peter and Helen Bing Professor in Undergraduate Education, professor of law, and FSI Senior Fellow was invited by the American Philosophical Society in Philadelphia to give the Henry LaBarre Jayne lecture in November. Casper's lecture, titled "A Young Man from 'ultima Thule' Visits Jefferson: Alexander von Humboldt in Philadelphia and Washington," addressed a remarkable meeting between the German naturalist and explorer and the American president.  In medieval geographies, "ultima Thule" denoted any distant place located beyond the borders of the known world and was Humboldt's ironic way of referring to 19th century Prussia.  Von Humboldt, who was the younger brother of the Prussian minister and philosopher Wilhelm von Humboldt, traveled extensively in South America and published a widely read series of volumes chronicling his adventures over the next 21 years.

As Casper notes, Jefferson's reputation among contemporaries for his lifelong and far-reaching pursuit of scientific, technical, and architectural interests was not restricted to the United States. Von Humboldt was a great admirer of Jefferson, the American Republic, and its advocacy of human rights, freedom, and democracy.  His own interests in these subjects, along with his extensive travels in South America, led him to seek out a meeting with the American president.  In June 1804, Jefferson hosted a lively dinner at the President's House for von Humboldt, his travel companions, and a number of new acquaintances from Philadelphia, where guests had a lively discussion of natural history, the improvements of daily life, and the customs of different nations.

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Dr. von Vacano’s teaching and research interests are in political philosophy and the history of political thought. He is especially interested in modern European and Latin American political theory. His current research for a monograph focuses on the problem of racial identity in relation to citizenship in the Hispanic tradition, focusing on the themes of Empire, Nation, and Cosmopolis in various thinkers. The ancillary aim of The Color of Citizenship: Race, Modernity and Latin American Political Thought (Oxford University Press, forthcoming) is to develop a normative conceptualization of race for modern multicultural societies.

Professor von Vacano is also beginning research on a book project that defends globalization through an examination of the development of immigrant identity. This uses the dialectical tradition in German political philosophy and empirical evidence from immigrants in global cities such as New York, Paris, Tokyo, and Buenos Aires.

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Diego von Vacano Visiting Professor,Center for Advanced Study in the Behavioral Sciences Speaker Stanford University
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The lecture is preceded by a workshop at 10am in the same location. For additional information please access the DLCL site listing here.

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Gayatri Chakravorty Spivak University Professor Speaker Columbia University
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Stanford University
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616 Serra Street
Stanford, CA 94305-6055

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CDDRL Honors Student, 2009-2010
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Transitional Success and Failure in East Germany

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Cristina Lafont is presently a professor in the Department of Philosophy at Northwestern University. She earned her Ph.D. from the University of Frankfurt . Habilitation, University of Frankfurt. She specializes in German philosophy, particularly hermeneutics and critical theory. She has also published in philosophy of language and contemporary moral and political philosophy. She is author of The Linguistic Turn in Hermeneutic Philosophy (MIT Press, 1999) and Heidegger, Language, and World-disclosure (Cambridge University Press, 2000).

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Christina Lafont Professor, Department of Philosophy Speaker Northwestern University
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This talk provides an overview of deliberative democracy projects conducted by the Center for Deliberative Democracy and its partners in China, Northern Ireland, Brazil, Bulgaria, Greece, Poland and other countries as well as on a European-wide basis. The projects all involve scientific random samples deliberating about policy choices and providing the before and after results as an input to policy making. The talk will focus particularly on the challenges of conducting such projects when they are intended as a precursor to further democratization or when there is ethnic conflict.

James S. Fishkin holds the Janet M. Peck Chair in International Communication at Stanford University where he is Professor of Communication and Professor of Political Science. He is also Director of Stanford's Center for Deliberative Democracy and Chair of the Dept of Communication.

He is the author of a number of books including Democracy and Deliberation: New Directions for Democratic Reform (1991), The Dialogue of Justice (1992 ), The Voice of the People: Public Opinion and Democracy (1995). With Bruce Ackerman he is co-author of Deliberation Day (Yale Press, 2004). His new book When the People Speak: Deliberative Democracy and Public Consultation will be published by Oxford University Press in fall 2009.

He is best known for developing Deliberative Polling® - a practice of public consultation that employs random samples of the citizenry to explore how opinions would change if they were more informed. Professor Fishkin and his collaborators have conducted Deliberative Polls in the US, Britain, Australia, Denmark, Bulgaria, China, Greece and other countries.

Fishkin has been a Visiting Fellow Commoner at Trinity College, Cambridge as well as a Fellow of the Center for Advanced Study in the Behavioral Sciences at Stanford, a Fellow of the Woodrow Wilson International Center for Scholars at the Smithsonian Institution in Washington and a Guggenheim Fellow.

Fishkin received his B.A. from Yale in 1970 and holds a Ph.D. in Political Science from Yale as well as a second Ph.D. in Philosophy from Cambridge.

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Senior Fellow, Freeman Spogli Institute for International Studies
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James S. Fishkin holds the Janet M. Peck Chair in International Communication at Stanford University, where he is a Professor of Communication and Professor of Political Science (by courtesy). He is also Director of the Deliberative Democracy Lab at CDDRL (formerly the Center for Deliberative Democracy).

He is the author of a number of books, including Democracy and Deliberation: New Directions for Democratic Reform (Yale University Press, 1991), The Dialogue of Justice (Yale University Press, 1992 ), The Voice of the People: Public Opinion and Democracy (Yale University Press 1995). With Bruce Ackerman, he is the co-author of Deliberation Day (Yale University Press, 2004). And more recently, When the People Speak: Deliberative Democracy and Public Consultation (Oxford University Press, 2009 and Democracy When the People Are Thinking (Oxford University Press, 2018).

He is best known for developing Deliberative Polling® — a practice of public consultation that employs random samples of the citizenry to explore how opinions would change if they were more informed. Professor Fishkin and his collaborators have conducted Deliberative Polls in the US, Britain, Australia, Denmark, Bulgaria, China, Greece, Mongolia, Uganda, Tanzania, Brazil,  and other countries.

Fishkin has been a Visiting Fellow Commoner at Trinity College, Cambridge, as well as a Fellow of the Center for Advanced Study in the Behavioral Sciences at Stanford, a Guggenheim Fellow, and a Fellow of the American Academy of Arts and Sciences.

Fishkin received his B.A. from Yale in 1970 and holds a Ph.D. in Political Science from Yale as well as a second Ph.D. in Philosophy from Cambridge.

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James S. Fishkin Janet M Peck Chair in International Communication and Professor of Poli Sci Speaker Stanford University
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The Freeman Spogli Institute's Center on Democracy, Development, and the Rule of Law (CDDRL) has established a new Program on Good Governance and Political Reform in the Arab World, the result of a generous gift from the Foundation for Research and Development in the Middle East (FDRDME), based in Geneva, Switzerland.  The program, which runs for five years beginning in September 2009, conducts research, organizes conferences and seminars and sponsors visiting scholars at CDDRL.  The program's scholarly research examines the different social and political dynamics within Arab societies and the evolution of political systems, with an eye on the prospects, conditions, and possible pathways for political reform.

The new program brings together scholars and practitioners from Arab countries and their Western counterparts, as well as local actors of diverse backgrounds, to consider how democratization and more responsive and accountable governance might be achieved, as a general challenge and within specific Arab countries.  Among the program's first research projects is one on transitions from absolute monarchy in historical and comparative perspective. To this effect, are there any lessons that can be drawn from past experiences, and across different settings, and to what degrees can they apply to the Arab world?  A conference taking stock of democratic progress and conditions in the Arab world is planned for May 10-11, 2010.

Center Director Larry Diamond thanked the Foundation for its visionary contribution. "This gift puts Stanford on the map in contemporary Arab studies and will make CDDRL one of the most important academic sites for studying these issues.  In the modern history of the Arab world, there has never been a more compelling and opportune moment to examine current conditions of governance and factors that might facilitate or obstruct democratic change.

"In the modern history of the Arab world, there has never been a more compelling and opportune moment to examine current conditions of governance and factors that might facilitate or obstruct democratic change"

"The striking political continuity in the Arab world is not just of analytic interest, but is a challenge to sustained long-term economic development, stability, and peace." Diamond stated. "From the expressions and actions of vibrant and diverse civil societies in the region, and a growing wealth of public opinion-survey evidence, we know that peoples of the region desire political emancipation and self-determination no less than others around the world.  The challenge is to figure out how indigenous democratic change might be negotiated in ways that generate broad societal consensus and do not risk violence or instability."

"From the expressions and actions of vibrant and diverse civil societies in the region, and a growing wealth of public opinion survey evidence, we know that peoples of the region desire political emancipation and self-determination"

The program is supervised by Diamond and CDDRL Deputy Director Kathryn Stoner-Weiss, and managed by Lina Khatib, in interaction with Professor Olivier Roy, in his capacities as a leading Western scholar of political Islam and as director of FDRDME. Roy, a long-time scholar and research director at the French National Center for Scientific Research (CNRS) who has recently been named Professor of Mediterranean Studies at the European University Institute in Florence, will be a frequent participant in program events and a recurrent visitor to CDDRL.  Other program participants include Hicham Ben Abdallah and Hind Arroub from Morocco, Visiting Scholars at CDDRL, and Sean Yom, a political science PhD from Harvard University, who is a postdoctoral fellow at CDDRL in 2009-10.

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Rising leaders from some of the world’s most complex and challenging nations, including China, Russia, Ukraine, Iraq, Kenya, Nigeria, South Africa, and the Democratic Republic of the Congo, have just completed a three-week seminar at Stanford as Draper Hills Summer Fellows on Democracy and Development. This year’s extraordinary class of fellows included members of parliament, government advisors, civic activists, leading jurists, journalists, international development experts and founders of non-governmental organizations (NGOs).

Each year, several hundred applicants apply to FSI’s Center on Democracy, Development, and the Rule of Law (CDDRL), the convener of the program, for the 26-28 slots available to study and help foster linkages among democracy, economic development, human rights, and the rule of law. Now in its fifth year, the program has received generous gifts from William Draper III, a Silicon Valley entrepreneur, in honor of his father, Maj. Gen. William H. Draper, Jr., a chief advisor to Gen. George Marshall and chief diplomatic administrator of the Marshall Plan in Germany, and Ingrid von Mangoldt Hills, a former journalist, in honor of her husband, Reuben Hills, a leading San Francisco philanthropist and president and chairman of the board of Hills Bros. Coffee.

Draper Hills Summer Fellows are innovative, courageous, and committed leaders, who strive to improve governance, enhance civic participation, and invigorate development under very challenging circumstances," said CDDRL Director Larry Diamond. “This year’s fellows were absolutely extraordinary, learning from us we hope, but also teaching all of us about the progress they are making and the obstacles they confront in a diverse set of countries.  We were not only sobered by the difficulties they must address on a daily basis but also uplifted by their accounts of programs that are working to deepen democracy, improve government accountability, strengthen the rule of law, energize civil society, and enhance the institutional environment for broadly shared economic growth.”

The three-week seminar is taught by an all star faculty, which in addition to Diamond, includes CDDRL Deputy Director Kathryn Stoner, Stanford president emeritus and constitutional law expert Gerhard Casper, FSI Deputy Director and political science professor Stephen D. Krasner, Erik Jensen and Allen S. Weiner from the Stanford law school, Avner Greif from the Department of Economics, Peter Henry from the Graduate School of Business, FSI Senior Fellow Helen Stacy, former FSI Director and current Program on Food Security and the Environment deputy director Walter P. Falcon, Mark C. Thurber, acting director of FSI’s Program on Energy and Sustainable Development, and Nicholas Hope, director of the Stanford Center on International Development.

Other leading experts and practitioners who engaged the fellows included democracy and governance expert Francis Fukuyama, who joins CDDRL as Olivier Nomellini Senior Fellow in July 2010, National Endowment for Democracy President Carl Gershman, United States Court of Appeals Judge Pamela Rymer, International Center on Nonviolent Conflict founding chair Peter Ackerman, the center’s president, Jack DuVall, former Peruvian president Alejandro Toledo, and former Secretaries of State George Shultz and Condoleezza Rice.

Faculty devoted the first week of the seminar to defining the fundamentals of democracy, good governance, economic development, and the rule of law, and in the second week turned to the issue of transitions and the feedback mechanisms between democracy, development, and a predictable rule of law. The third week examined the critical – and often controversial – role of international assistance to foster and support democracy, judicial reform, and economic development, including the proper role of foreign aid.

Against this backdrop, fellows emphasized domestic imperatives for fostering growth, social inclusion, and transformation, centering on the importance of political will and sound institutions.  In session after session, they wrestled with the concrete and all too common impediments to progress—from corruption, cronyism, and authoritarian regimes, to the fragility of conflict-ridden, multi-ethnic polities.  As an activist from strife-torn Iraq said, “Democracy is not just a way of governing. It is a way of living, a way of thinking about life.”“Democracy is not just a way of governing. It is a way of living, a way of thinking about life”

In spirited debates, in the formal seminar sessions and beyond the classroom to the Munger residence where the fellows stayed, the fellows stressed how they had all taught and learned from each other.  A rising leader from South Africa aptly summarized, “We have dispelled each other’s myths.”

As the Draper Hills Fellows expressed their profound gratitude to their faculty and mentors, they reinforced the importance of staying in touch through a virtual online community – a “common space” as defined by a member of parliament from Ukraine, that would let them look forward and look back, perhaps a decade from now, at case studies of success and failure, and the all important roles that political will and leadership played in determining outcomes.  “Stay tuned,” said Diamond and Stoner-Weiss. “Important lessons are still to come.”

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