The message and the medium: Electronic communications technologies and global policy change in copyright, privacy and encryption

What role do electronic communications technologies play in shaping political outcomes? I argue that although communication and the technologies through which it occurs have been ignored by international relations scholars, they are a crucial part of understanding how experts come to play a role in policy making. I develop a model to explain how knowledgeable elites use electronic communications technologies to influence debates and political outcomes using the concept of virtual epistemic communities. The impact that these virtual epistemic communities have depends on two factors: the role of interpreters and the organizational support that they receive. Interpreters are individuals active within the virtual epistemic community who are able to translate the arcane details of the subject matter in a way that makes it compelling and understandable to others. Organizational support is needed to provide funding, lobbying and a focus around which the virtual epistemic community can converge. I develop this model by exploring three case studies. The first case study involves a campaign around the negotiation of new copyright treaties at the World Intellectual Property Organization in 1996. The virtual epistemic community that was formed had some success in shaping the debates and in changing important aspects of the treaties. The second case study involves campaigns around the negotiations between the United States and the European Union over the external implications of the European Union's data privacy requirements. Due to weak organizational support, no strong virtual epistemic community was formed around the issue, and the United States was able to get the European Union to accept its far weaker guidelines for ensuring privacy in personal data. Finally, the third case study involves campaigns over the restrictions on the use and export on strong cryptography. The virtual epistemic community concerned with encryption had some partial success in helping discredit key escrow solutions but because no strong interpreters emerged, it was ultimately unable to establish a strong norm of access to encryption.