The International Dimensions of Cyberspace Law

The International Dimensions of Cyberspace Law

by Bruno De Padirac

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Product Details

ISBN-13: 9781351723602
Publisher: Taylor & Francis
Publication date: 01/18/2018
Series: Routledge Revivals
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 260
File size: 769 KB

Table of Contents

Notes on Contributorsxi
Forewordxiii
Prefacexv
List of Abbreviationsxvii
Introduction: UNESCO and the Law of Cyberspace1
Cyberspace1
UNESCO's Involvement with Cyberspace1
UNESCO's Role as a Catalyst for Cyberspace2
UNESCO's Work in the Domain of Ethics and Cyberspace Law3
Some Positions of Principle4
Technological Neutrality in the Domain of Informatics, Telecommunications and Multimedia4
Privacy and Electronic Commerce5
Freedom of Expression and Control of Illegal or Harmful Material6
Common Good, Intellectual Property and Public Domain6
Towards a Universal Framework for Cyberspace7
1The Possibilities for a Legal Framework for Cyberspace--including a New Zealand Perspective9
Introduction9
The Creation of a New Political Economy through Cyberspace9
Desirability and Feasibility: From whose Perspective?10
The Paradigm Shift away from Substantive Centralized Legal Models10
The Focus on the Process of Design and Law-making12
A Synthesis to identify Relevant Themes or Principles13
The Characteristics of Cyberspace and the Processes which influence Law-making13
What is Cyberspace?13
Characteristics of Cyberspace which impact on Legal Design14
Reasons or Need for Law19
Regulatory Models of Direct Law, Norms, Market and Code23
Control of the Internet through Competition27
Customary Law in Cyberspace29
Issues arising out of Decentralized Rule-making31
Dispute Resolution in Cyberspace35
The Problem of Jurisdiction and Enforcement35
Rules on Conflict of Laws36
Creating a Distinct Jurisdiction of Cyberspace38
The Use of International Treaties and Conventions40
Establishing an International Organization for Cyberspace41
The Role of an International Court43
Private Law and Arbitration43
Online Mediation and other Forms of ADR44
The Emerging Legal Framework for Cyberspace47
Possibilities and Opportunities within the Framework47
Issues to be addressed from the Framework54
Guiding Principles57
Conclusion: Future Trends and Initiatives62
2Freedom of Expression and Regulation of Information in Cyberspace: Issues concerning Potential International Cooperation Principles71
Introduction71
Cyberspace: The Nature of the Online Environment72
The Origins of Cyberspace72
The Development of Online Content Filter and Rating Systems74
Legal and Policy Developments in the United States regarding Regulation of Cyberspace Content76
The Communications Decency Act 199676
The US District Court Decision in the CDA Case76
The Supreme Court Decision in the CDA Case and President Clinton's Response78
The 'Focus on Children' Summit, Washington, December 199780
Recent US Developments in Internet Content Regulation and Policy81
Legal and Policy Developments in Australia regarding Regulation of Cyberspace Content84
The 1996 ABA Report on its Investigation into the Content of Online Services84
Recent Developments and Draft Legislative Principles in Australia86
The Children and Content On-line Task Force Report, June 199887
Recent Australian Policy Developments relating to Online Content88
The CompuServe Case and European Industry Responses90
The German CompuServe Case90
The European Internet Service Providers' Response to the CompuServe Case91
International Fora and Processes for Discussion of Cyberspace Content Regulation92
The European Community and the Global Business Dialogue93
The Bonn Ministerial Declaration on Global Information Networks, 8 July 199796
The Organization for Economic Cooperation and Development (OECD)98
UNESCO99
The International Working Group on Content Rating/Internet Content Rating Association and Alliance100
Global Business Dialogue102
The International Network of Experts on Internet Content102
Legal and Moral Issues raised by Cyberspace105
Access to Cyberspace109
Towards a Goal of Universal Access to Cyberspace109
Encouragement of Languages in addition to English Cyberspace110
Freedom of Expression and Regulation of Information in Cyberspace Content111
Suggested International Principles for Cyberspace115
Future Processes118
Summary and Conclusions119
3An International Legal Instrument for Cyberspace? A Comparative Analysis with the Law of Outer Space127
Introduction127
The Definition of Cyberspace128
Specific Legal Aspects of Cyberspace130
The Definition and Use of Outer Space132
Legal Concerns arising from the Exploration of Outer Space132
Overview of the Legal Regime governing Outer Space133
Sources of International Law regulating Outer Space133
The Status of Outer Space134
Jurisdiction and Space Activities136
National Space Laws137
Intellectual Property Rights and Space Activities138
The Significance to Cyberspace of the Regulation of Outer Space140
Conclusion143
4Some Considerations on Cyberspace Law147
Introduction147
The Characteristics of Cyberspace147
The Aims of this Chapter148
A Law on the Brink: From Growing Concept to Widening Debate148
Signatures in all their Forms149
ECMS or the Death of Copyright?152
The Various Regulatory Techniques on the Internet and the Role of State Law155
On the Diversity of Regulatory Models156
The Role of National Legislation in the Reception and Promotion of 'Private' Sources of Cyberspace Law161
The Role of the State and the Defence of Values171
Beyond the Universal Telecommunications Service: The 'Universal Service' in the Information Society173
Electronic Democracy: From Myth to Reality177
Conclusion182
5Liability in Cyberspace189
Introduction189
Cyberspace189
Virtual Space190
A Place for Interaction190
The Sovereignty of the User191
Competing Regulations192
Determining Responsibility in Cyberspace192
The Principal Metaphors193
The Principal Factors in the Incurring of Liability197
Regulation: How best to apportion Responsibility207
Personal Ethics and Social Pressure208
Contracts209
Self-regulation210
National Law210
Conclusion211
6Developing Legal Systems and Good Morals for the Internet219
Introduction219
The Notion of the Internet as a Lawless Paradise219
Morality and the Process of Anonymization220
Legal Norms and their Influence on Morality220
How can the Sense of Morality be enhanced on the Internet?221
The Legislature's Role in implementing Good Morals on the Internet222
Conclusion223
AppendixReport to the Director-General of UNESCO on the International Experts Meeting on Cyberspace Law225
Index233

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