Cyberspace has no territorially-based boundaries, because the cost and speed of message transmission on the Net is almost entirely independent of physical location: Customers will pay for a stream of information and content from a trusted source.
Location remains vitally important, but only location within a virtual space consisting of the "addresses" of the machines between which messages and information are routed.
This course is basically an introduction to certain topics in metaphysics and epistemology philosophy, centered around major philosophical questions that come up again and again in Star Trek.
What rules are best suited to the often unique characteristics of this new place and the expectations of those who are engaged in various activities there.
Does gender-bending lead to transcendence or chaos.
Protection of the former's trademark does not--and probably should not--affect the protection afforded the latter's. How can fantasy reshape how we look at history. The result of this jurisdictional confusion, arising from a then-novel form of boundary-crossing communications, was the development of a new legal system--Lex Mercatoria.
Even an example that might otherwise be thought to favor the assertion of jurisdiction by a local sovereign--protection of local citizens from fraud and antitrust violations--shows the beneficial effects of a Cyberspace legal regime. Currently, domain names are registered with specific parties who echo the information to "domain name servers" around the world.
In order for the domain name space to be administered by a legal authority that is not territorially based, new law-making institutions will have to develop.
It also allows the development of new doctrines that take into account the special characteristics of the online "place. The system is indifferent to the physical location of those machines, and there is no necessary connection between an Internet address and a physical jurisdiction.
At the same time, the newly emerging law challenges the core idea of a current law-making authority--the territorial nation state, with substantial but legally restrained powers. What mechanisms exist or need to be developed to determine the content of those rules and the mechanisms by which they can enforced.
Treating Cyberspace as a separate "space" to which distinct laws apply should come naturally, because entry into this world of stored online communications occurs through a screen and usually a "password" boundary. The laws regulating many of these activities have developed as distinctly local and territorial.
Accordingly, it may be ideally suited to handle, by extension, the new conflicts between the a-territorial nature of cyberspace activities and the legitimate needs of territorial sovereigns and of those whose interests they protect on the other side of the cyberspace border.
But these same names and symbols could also be validly registered by another party in Mexico whose "infringing" marks are now, suddenly, accessible from within the United States. See comment of Prof.
But we hasten to add that Cyberspace is not, behind that border, a homogeneous or uniform territory behind that border, where information flows without further impediment. The New Boundary is Real. The ultimate question who should set the rules for uses of names on the Net presents an apt microcosm for examining the relationship between the Net and territorial-based legal systems.
But that does not mean that fraud might not be made "illegal" in at least large areas of Cyberspace. Our argument so far has been that the new sphere online is cut off, at least to some extent, from rule-making institutions in the material world and requires the creation of a distinct law applicable just to the online sphere.
Upholding a claim of infringement or dilution launched by the holder of a U. In fact, an e-mail address might not even belong to a single person. Whether we are ready or not, mankind now has a completely integrated international financial and information marketplace capable of moving money and ideas to any place on this planet in minutes.
Traditional legal doctrine treats the Net as a mere transmission medium that facilitates the exchange of messages sent from one legally significant geographical location to another, each of which has its own applicable laws.
Recall that the non-country-specific domain names like ". Who decides what history is. The domain name system, and other online uses of names and symbols tied to reputations and virtual locations, exist operationally only on the Net.
The Trademark Example Consider a specific example to which we will refer throughout this article: And, so the argument goes, local legal authorities must have authority to remedy the problems created in the physical world by those acting on the Net. Cyberspace as a Place Many of the jurisdictional and substantive quandaries raised by border-crossing electronic communications could be resolved by one simple principle: Proper boundaries have signposts that provide warning that we will be required, after crossing, to abide by different rules, and physical boundaries -- lines on the geographical map -- are generally well-equipped to serve this signpost function.
Local officials handling conflicts can also learn from the many examples of delegating authority to self-regulatory organizations. The law of any given place must take into account the special characteristics of the space it regulates and the types of persons, places, and things found there.
Local authorities certify teachers, charter banks with authorized "branches," and license doctors and lawyers. Physical borders no longer can function as signposts informing individuals of the obligations assumed by entering into a new, legally significant, place, because individuals are unaware of the existence of those borders as they move through virtual space.
Cyberspace may be an important forum for the development of new connections between idividuals and mechanisms of self-governance by which individuals attain an increasingly elusive sense of community; commenting on the erosion of national sovereignty in the modern world and the failure of the existing system of nation-states to cultivate a "civic voice," a moral connection between the individual and the community or communities in which she is embedded, Sandel has written: The ultimate question who should set the rules for uses of names on the Net presents an apt microcosm for examining the relationship between the Net and territorial-based legal systems.
Beyond the inane topics, these classes advance a liberal agenda, malign conservatives, and shut out ideological diversity.
Cybercrime: An Introduction to an Emerging Phenomenon covers current issues such as information assurance, federal and state laws, cyberharassment, cyberporn, cyberfraud, and intellectual property and privacy as well as future issues such as globalization and international policing and laws.
This text provides students and scholars easy access to current peer reviewed works that examine the. Code: And Other Laws Of Cyberspace [Lawrence Lessig] on izu-onsen-shoheiso.com *FREE* shipping on qualifying offers. There's a common belief that cyberspace cannot be regulated—that it.
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Introduction Global computer-based communications cut across territorial borders, creating a new realm of human activity and undermining the feasibility--and legitimacy- .An introduction to the analysis of cyberporn