How Has the Law Attempted to Tackle the Borderless Nature of the Internet?

Posted: 10 May 2010

Date Written: Summer 2010

Abstract

The ubiquitous nature of the Internet and its ability to swiftly and effortlessly transcend national boundaries and sovereign territories has presented a unique challenge for regulators and those expected to obey the law. Modern legislation needs to somehow address the fact that many of the actions and effects within the lawmaker's territory will not actually have physically taken place there. What are the connecting factors used to attribute certain acts and effects to a certain jurisdiction? What are the mechanisms used to afford judiciaries and other national authorities jurisdiction over matters theoretically located in cyberspace? To answer these questions, a look is taken at the law of defamation, the regulation of data protection and privacy and ultimately the law concerning online gambling. Different regulatory frameworks are scrutinised so as to extract common themes. The latter are then compared, contrasted and analysed in the context of their respective policy objectives.

Suggested Citation

Maier, Bernhard, How Has the Law Attempted to Tackle the Borderless Nature of the Internet? (Summer 2010). International Journal of Law and Information Technology, Vol. 18, Issue 2, pp. 142-175, 2010, Available at SSRN: https://ssrn.com/abstract=1601756 or http://dx.doi.org/10.1093/ijlit/eaq001

Bernhard Maier (Contact Author)

Indiana University ( email )

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