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
Wednesday, 13 October 2010
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