Cyber Law
Internet Law
Posted by Unknown
×
6:24 PM
The law that regulates the Internet must be considered in the context of the geographic scope of the Internet and political borders that are crossed in the process of sending data around the globe. The unique global structure of the Internet raises not only jurisdictional issues, that is, the authority to make and enforce laws affecting the Internet, but also questions concerning the nature of the laws themselves.
In their essay "Law and Borders -- The Rise of Law in Cyberspace", David R. Johnson and David G. Post argue that it became necessary for the Internet to govern itself and instead of obeying the laws of a particular country, "Internet citizens" will obey the laws of electronic entities like service providers. Instead of identifying as a physical person, Internet citizens will be known by their usernames or email addresses (or, more recently, by their Facebook accounts). Over time, suggestions that the Internet can be self-regulated as being its own trans-national "nation" are being supplanted by a multitude of external and internal regulators and forces, both governmental and private, at many different levels. The nature of Internet law remains a legal paradigm shift, very much in the process of development.[6]
Leaving aside the most obvious examples of governmental content monitoring and internet censorship in nations like China, Saudi Arabia, Iran, there are four primary forces or modes of regulation of the Internet derived from a socioeconomic theory referred to as Pathetic dot theory by Lawrence Lessig in his book, Code and Other Laws of Cyberspace:
1. Law: What Lessig calls "Standard East Coast Code," from laws enacted by government in Washington D.C. This is the most self-evident of the four modes of regulation. As the numerous United States statutes, codes, regulations, and evolving case law make clear, many actions on the Internet are already subject to conventional laws, both with regard to transactions conducted on the Internet and content posted. Areas like gambling, child pornography, and fraud are regulated in very similar ways online as off-line. While one of the most controversial and unclear areas of evolving laws is the determination of what forum has subject matter jurisdiction over activity (economic and other) conducted on the internet, particularly as cross border transactions affect local jurisdictions, it is certainly clear that substantial portions of internet activity are subject to traditional regulation, and that conduct that is unlawful off-line is presumptively unlawful online, and subject to traditional enforcement of similar laws and regulations.
2. Architecture: What Lessig calls "West Coast Code," from the programming code of the Silicon Valley. These mechanisms concern the parameters of how information can and cannot be transmitted across the Internet. Everything from internet filtering software (which searches for keywords or specific URLs and blocks them before they can even appear on the computer requesting them), to encryption programs, to the very basic architecture of TCP/IP protocols and user interfaces falls within this category of mainly private regulation. It is arguable that all other modes of internet regulation either rely on, or are significantly affected by, West Coast Code. 3. Norms: As in all other modes of social interaction, conduct is regulated by social norms and conventions in significant ways. While certain activities or kinds of conduct online may not be specifically prohibited by the code architecture of the Internet, or expressly prohibited by traditional governmental law, nevertheless these activities or conduct are regulated by the standards of the community in which the activity takes place, in this case internet "users." Just as certain patterns of conduct will cause an individual to be ostracized from our real world society, so too certain actions will be censored or self-regulated by the norms of whatever community one chooses to associate with on the internet.
4. Markets: Closely allied with regulation by social norms, markets also regulate certain patterns of conduct on the Internet. While economic markets will have limited influence over non-commercial portions of the Internet, the Internet also creates a virtual marketplace for information, and such information affects everything from the comparative valuation of services to the traditional valuation of stocks. In addition, the increase in popularity of the Internet as a means for transacting all forms of commercial activity, and as a forum for advertisement, has brought the laws of supply and demand to cyberspace. Market forces of supply and demand also affect connectivity to the Internet, the cost of bandwidth, and the availability of software to facilitate the creation, posting, and use of internet content.
These forces or regulators of the Internet do not act independently of each other. For example, governmental laws may be influenced by greater societal norms, and markets affected by the nature and quality of the code that operates a particular system.
Tags:
Cyber Law
0 comments