fms351-L13-reading01 - 11 IHTERI-IET LFI^I Pxh.{m PILICV #...

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Unformatted text preview: 11 IHTERI-IET LFI^I Pxh.{m PILICV # Internet law, policy, and governance As a technology, the Internet has provided a boom for lawyers. The most precursory glance at the range oflegal issues raised by the development ofthe Internet and networked information and communication technologies indicates that they are enormous in their scope, domain of application, and implications for different individuals and groups within societies. In its guide to Internet law resources, the University of California Los Angeles (UCLA) Online Institute for Cyberspace Law and Policy finds that 'cyberspace law' raises the following sets of issues: . cyberspace and business: electronic commerce; online contract law; online financial law; online gambling . cyberspace and medicine: telemedicine; online prescribing; online oharmacies ntx cyberspace and equity-use and access: broadband development and access; educational use of the Internet; gender and race online; poverty and unequal access to the Internet (the 'digital divide') freedom of speech isszes: freedom ofexpression; obscenity, pornography and 'online indecency'; protection of children; cultural rights intellcctual property isszes: copyright law; patent law; trademark law; gifts and online exchange priuary lsszes: cryptography and privacy protection for online transactions; employment privacy; personal information privacy; data security securi4t isseres: cybercrime; cyberfraud; cyberstalking and online harassment; hacking; identity theft; the Internet and terrorism. This is a lengthy list of issueg and it could easily be further added to. The legal implications of the Internet's rapid development are rendered even more complex by specific features of its relationship to existing laws, regulatory frameworks, and the ideas that underpin them. First, there are the unique characteristics of networked information, in that it is intangible, geo- graphically free and continually changing in its form and character whereas, as Jan van Dijk observes, 'existing legislation depends upon clearly demonstrable, localisable and liable legal persons and ownership titles. Information and evidence have to be, or must be able to be, set down on a data carrier that has still to be comparable to printed paper' (van Dijk 1999: ll6J. This contrast between the fluidity of the online environment and the need for fixity and tangible links to legal subjects upon which the legal system operates is compounded by the difficulties in implementing laws; since activities in networks are frequently non-transparent, communication can be anonymous or very hard to trace back to an original source, and evidence can be destroyed, hidden or changed, particularly by those who understand computing systems and network infrastructures....
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This note was uploaded on 10/20/2010 for the course ENG FMS351 taught by Professor Meng during the Summer '10 term at ASU.

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fms351-L13-reading01 - 11 IHTERI-IET LFI^I Pxh.{m PILICV #...

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