Rethinking Justice for the Information Age Jeff Aresty President, Internet Bar Organization Case Study LEGAL EMPOWERMENT THROUGH TECHNOLOGY FROM THE GROUND UP Necessary to work both from the bottom up and top-down In 2015, more than 190 world leaders committed to 17 Sustainable Development Goals (SDGs) to help us all end extreme poverty, fight inequality & injustice, and fix climate change. UN Sustainable Goal 16: Access to justice for all Ensuring "responsive, inclusive, participatory and representative decision-making at all levels. Groundbreaking recognition by world governments that people cannot improve their lives without the power to exercise their rights. Development does not succeed without justice. (NAMATI.org) Why work from the ground-up? Problems with the Current Justice System Heavily top-down oriented (e.g. enforcement) Based on a model of compliance Limited Resources/Understanding Rigid Norms in Changing Societies The Legal Complex Not Keeping Pace People Lawyers- Judges- Law Students- Legal Professionals - Elected Officials Places Law Firms - Legal Departments - Legal Offices - Legislatures - Agencies - Bar Associations Paper Case Law - Statutes - Regulations - Trial Transcripts - Pleadings - Contracts - Treaties - Legal Treatises - Constitutions A Physical Network in a Digital Age The Traditional Justice System is Overwhelmed Babusselam Syrian refugee camp in Aleppo The Justice System is Acting Unfairly U.S Veterans Crisis Fraud in the Justice System Study: Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors The Justice System Doesnt Protect People Domestic Violence in New Mexico Technology As The Opportunity -New -Connected -Egalitarian -Growing The Internet: a System of Layers In the beginning Then Connectivity Explodes Communication Layers of the Internet Source: Cal State Univ. Dominguez Hills Layers of Society Source: Prince Hamilton Layers of Society Layers: Systems of understanding that allow for the effective performance of an activity The Justice Layer in Civil Society Traditionally, discussed in terms of Rule of Law Rule of Law: Common Principles Government, Private Institutions & Individuals are accountable Laws are clear, stable, and protect fundamental rights Process is accessible, fair,and efficient Justice delivered by competent neutrals who reflect the population Rule of Law / Justice Layer In contemporary society touches and has relevance for every sphere of social existence: regulatory and governance criminal affairs commerce social relationships personal relationships Concept of Justice has Evolved JUSTICE as an EPISODIC EVENT applied from above to JUSTICE as a stable layer of society underpinning our relationships Layers as Biological: Evolutionary Morality Four kinds of behavior empathy, the ability to learn and follow social rules, reciprocity and peacemaking are the basis of sociality, all found in primates. Frans de Waal: Human Morality is an outgrowth of primate sociality. Technology as a New Opportunity to Evolve Notions of Justice What does it mean to have a Justice Layer of the Internet? Development of the Internet has been incremental and has occurred widely outside traditional societal justice norms promulgated by individual countries. Layer One: The Net Universal Connectivity through Communication Protocols Layer Two: Security SSL, Encryption Layer Three: Identity Verification Layer Four: Commerce Exchange of Goods and Services, B2B Layer Five: Social Networks Moving all aspects of social life online- creating the New Social Operating System Whats Missing? A Justice Layer that touches all interactions online How Has Justice Developed Online? Traditional Top-Down Methods How Has Justice Developed Online? Private justice systems tied to e-commerce How Has Justice Developed Online? Trustmarks and Certifications How Has Justice Developed Online? Review/Reputation Systems How Has Justice Developed Online? Both Top-down and Bottom-up Justice Layer Requires Continued Evolution Evolution of Mindset Evolution of Notions of Boundaries Evolution of Neutrals Evolution of Community/Collaboration Evolution of Timing Justice Layer Requires Continued Evolution Evolution of Mindset: a comprehensive effort in our online interactions to not only consider usability, security, and connectivity as essential functions, but fairness, redress, and transparency as well. Justice Layer Requires Continued Evolution Evolution of Notion of Boundaries: accessability of justice not predicated on dispensing solely by traditional institutions Justice Layer Requires Continued Evolution Evolution of Notion of Neutrals: disposing of requirements that degree, age, class, wealth, or other non-inclusive criteria qualifies neutral arbitrators of disputes Justice Layer Requires Continued Evolution Evolution of Collaboration: establishment of trusted online communities to serve as precursor to greater societal functionality and efficiency; democratic monitoring and upholding of community norms, rules, and values as part of a common vision Justice Layer Requires Continued Evolution Evolution of Timing: abolishment of the requirement that a dispute or injury need be ripe; embracing preventive justice Technology Provides Us with the Tools for Our Evolution of Justice It's Time to Evolve Our Justice Layer Thank you