Wednesday 13 October 2010

The Authority of Law in Cyberspace

My investigation into how best to make law for cyberspace has led me into the murky world of jurisprudence! The sequence was as follows:

1. In practice, states find it very difficult to enforce their laws against non-resident cyberspace actors

2. Cyberspace needs to be a (generally) lawful place if it is to be useful to all of us

3. Thus laws need to be obeyed because they are laws, and not only if there is a real risk of enforcement

4. So why do cyberspace actors obey some laws but not others?

My draft conclusions are at: http://www.box.net/shared/imo5ok0qd6

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