Download Borders in Cyberspace: Information Policy and the Global by Brian Kahin, Charles Nesson PDF

By Brian Kahin, Charles Nesson

This day hundreds of thousands of technologically empowered everyone is capable of take part freely in overseas transactions and firms, social and fiscal. those actions are ruled by means of nationwide and native legislation designed for easier occasions and now challenged through a brand new technological and industry setting in addition to through the practicalities and politics of enforcement throughout nationwide barriers. Borders in our on-line world investigates matters bobbing up from nationwide modifications in legislation, public coverage, and social and cultural values as those variations are reformulated within the rising worldwide info infrastructure. The contributions comprise specific analyses of a few of the main obvious concerns, together with highbrow estate, defense, privateness, and censorship.

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1 984) . 4. See "Restatement (Third) of Foreign Relations Law of the United States," §201 (1987) ( "Under international law, a state is an entity that has a defined territory and a permanent population, under the control of its own government . . ") ; §402 (a state has 'Jurisdiction to prescribe law with respect to ( 1 ) (a) conduct that, wholly or in substantial part, takes place within its territory; (b) the status of persons, or interests in things, present within its territory; (c) conduct outside its territory that has or is intended to have substantial effect within its territory.

Intell. Prop. LJ. 1 ( 1 995) . See also Proceedings of the NSF/DNCEI & Harvard Information Infrastructure Project, Internet Names, Numbers, and Beyond: Issues in the Coordination, Privatization, and Interna­ tionalization of the Internet, Nov. html (discussing protection of the "trademark community" on the Net) . 2 1 . See the section below on Internal Diversity (discussing internal differentia­ tion among rulesets in different online areas) . 22. See notes 64-65 below. 23. Having a noticeable border may be a prerequisite to the establishment of any legal regime that can claim to be separate from preexisting regimes.

Otherwise, economic power will go unchecked by democratically sanctioned political power. . " Michael Sandel, "America's Search for a New Public Philosophy," Atlantic Monthly, Mar. 1996, at 72-73 (emphasis added) . 50. Hilton v. S. 1 1 3, 1 63-164 ( 1 995) . See also Lauritzen v. S. 571 , 582 ( 1 953) ( "International or maritime law . . aims at stability and order through usages which considerations of comity, reciprocity and long­ range interest have developed to define the domain which each nation will claim as its own .

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