
The internet, like ogres  and onions, has layers. Layers, transparency and the end-to-end  principle are considered the defining characteristics of a free,  accessible and innovative internet. Lessig describes the internet as the  most important ‘innovation commons’ the world has ever seen, both  through culture and architecture. (6) 
  The end-to-end principle means a  network should be as basic as possible and intelligence should be  located at the ends. This can be traced back to Paul Baran’s shift from  circuit to packet switching network design but was first articulated in  1981 by Jerome Altzer, David Clark and David P. Reed. It is NOT the  default property of networks but a constructed one that is critical to  the operation of the internet as we know it. (7) 
    The internet is  really a network of networks, combining so many different technologies,  companies and countries that as the internet has grown, problems of  governance have arisen. Internet architecture was based on the layers  principles as described by Solum and Ching, where the first corollary is  the ‘principle of layer separation’ and the second corollary is the  ‘principle of minimal layer crossing’. (8) The internet is arranged in a vertical hierarchy of layers and wherever  possible issues within one layer should be addressed within that layer  only. If layers must be crossed, either literally or legislatively, then  the least distance crossed is the best ‘fit’.
    The idea of  utilizing internet architecture principles to inform the governance of  the internet is generally credited to Yochai Benkler, Harvard Professor  of Law. This was developed further by Lessig, Solum and Chung. Currently  the UNCTAD (post WSIS2005) proposes, in the Information Economy Report  2006 (IER), to use the layers principle for internet governance. (9) 
  | Benkler | Solum&Chung | IER | 
| The Content  Layer—the symbols, images and material that are communicated. | The Content  Layer—the symbols and images that are communicated. | The Content Layer—the symbols,  images and material that are communicated. | 
| The Application  Layer—the programs that use the Internet, e.g. the Web. | The Application Layer—the  online technologies or programs | |
| The Logical  Layer—TCP/IP, the ‘code’ or software that enables data to travel across  the wires and cables | The Transport Layer—TCP, which breaks the data into  packets. | The  Logical Layer—TCP/IP, the ‘code’ or software that enables data to  travel across the wires and cables | 
| The  Internet Protocol Layer—IP, handles the flow of data over the network. | ||
| The  Link Layer—the interface between users’ computers and the physical  layer. | ||
| The Physical  Layer—the copper wire, optical cable, satellite links, etc. | The Physical Layer—the copper  wire, optical cable, satellite links, etc. | The Physical Layer—the copper  wire, optical cable, satellite links, etc. | 
Lessig explains that the  internet mixed free layers with controlled layers. The infrastructure or  physical layer is fundamentally owned. The content and application  layers are partially owned, but the center, the code, was free.
     The internet is an ogre  analogy can now be extended. As the donkey replied to Shrek, “You know,  not everybody likes onions. Cakes! Everybody likes cakes. Cakes have  layers.” (10) The code is the cream in the cake.  (The  Internet  Architecture of Gender / to be continued....) 
    6. Lessig, L. “The Future of Ideas” (2002) New York:  Vintage Books Chapter 2 p23. Also available at http://lessig.org/blog/2008/01/the_future_of_ideas_is_now_fre_1.html   7. Lessig, L. “The Future of Ideas” (2002) New York:  Vintage Books Chapter 3 p34. Also available at http://lessig.org/blog/2008/01/the_future_of_ideas_is_now_fre_1.html   8. Solum, Lawrence B. and Chung, Minn, "The Layers  Principle: Internet Architecture and the Law" (2003) U San Diego Public  Law Research Paper No. 55. p4. Available at SSRN: http://ssrn.com/abstract=416263 
9. “Information Economy Report 2006” (2006). UNCTAD United Nations Conference on Trade and Development. Paper E.06.II.D.8. Available at http://www.unctad.org/Templates/WebFlyer.asp?intItemID=3991&lang=1 10. “Shrek” (2001) Quote from http://www.billionquotes.com/index.php/Shrek
9. “Information Economy Report 2006” (2006). UNCTAD United Nations Conference on Trade and Development. Paper E.06.II.D.8. Available at http://www.unctad.org/Templates/WebFlyer.asp?intItemID=3991&lang=1 10. “Shrek” (2001) Quote from http://www.billionquotes.com/index.php/Shrek
 
 
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