Legal Issues - Conceptions Of Cyberlaw
CONCEPTIONS OF CYBERLAW
Some observers have asserted that cyberlaw does not exist, since few of the legal issues raised by the Internet are novel and few branches of law are determined by technology. However, others argue that cyberspace should be considered different from real space, as far as legal issues are concerned. Furthermore, since the Internet transcends territorial boundaries, it renders territorially based laws obsolete. They predict that cyberlaw will become a new form of transnational law, ushering in greater standardization of Internet-related legal regulations worldwide to accommodate e-commerce, globalization, and the spread of western, democratic ideals. Some view this as the opportunity for greater freedoms, security, and prosperity to be extended to more people around the globe. Others, however, fear that such a trend will infringe on national sovereignty and legal jurisdictions. Finally, they caution that cyberlaw will benefit the interests of large, multinational businesses and police surveillance, rather than the civil liberties of individual citizens.
FURTHER READING:
Gilden, Michael. "Jurisdiction and the Internet: The Real World Meets Cyberspace." ILSA Journal of International & Comparative Law, Fall 2000.
"The Internet and the Law: Stop Signs on the Web." Economist, January 13, 2001.
Johnson, David and David G. Post. "Law and Borders: The Rise of Law in Cyberspace." Stanford Law Review, vol. 48, 1996. Available from www.temple.edu/lawschool.
Kaplan, Carl. "How to Govern Cyperspace: Frontier Justice or Legal Precedent?" New York Times Cyberlaw Journal, 1998.
Katyal, Neal Kumar. "Criminal Law in Cyberspace." University of Pennsylvania Law Review, April 2001.
Hongju Koh, Harold. "The Globalization of Freedom." Yale Journal of International Law, Summer 2001.
Lessig, Lawrence. Code and Other Laws of Cyberspace. New York: Basic Books, 1999.
Sommer, Joseph. "Against Cyberlaw." Berkeley Technology Law Journal, Fall 2000.
Tsesis, Alexander. "Hate in Cyberspace: Regulating Hate Speech on the Internet." San Diego Law Review, Summer 2001.
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