LAW IN CYBERSPACE

1.0              Many commentators who view the Internet as a democratic paradise for the free play of ideas vehemently oppose attempts to apply conventional modes of regulation to the Internet.

2.0              Others contend that the law of cyberspace should evolve slowly through careful application of common law principles, with particular attention paid to the aspects of cyberspace that make Internet transactions unique.

3.0              Still others believe that the task of applying existing law to the Internet is straightforward.

4.0              Notwithstanding the intense academic debate, as a practical manner, the sheer size of the Internet – whether measured by its explosively expanding user base, economic significance, or cultural impact- seems to make some form of Internet regulation both unavoidable and desirable. [1]

5.0              The global nature of the Internet greatly complicates effective governance.

6.0              Transactions on the Internet can crisscross state and national borders without easy detection.[2]

7.0              The law of any given place must be taken into account the special characteristics of the space it regulates and the types of persons, places, and things found there.

8.0              The law of cyberspace will reflect its special character which differs markedly from anything found in the physical world. [3]

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[1]               Harv. L. Rev., Developments in the Law, 112 Harvard Law Review 1574 (1999), online, accessed on 23 December 2005, available at http://www.web.lexis-nexis.com/universe/document?

[2]               Michael R., Internet Governance, Managing The Digital Enterprise,(20.11.2005), online, accessed on 24 November 2005, available at http://www.digitalenterprise.org/governance/gov.html

[3]              Supra.