The Internet at 20: Evolution of a Constitution for Cyberspace

Abstract

The Internet’s “constitution” is not expressed in a single document. Instead, it comprises the open architecture inherent in the Internet’s technological protocols together with a collection of government policies, legislative enactments, and judicial decisions that seek to protect the basic architectural philosophy, ensure space for entrepreneurial freedom, and guard against the abuse of economic or political power.

This Article looks back over the Internet’s first twenty years, highlighting the crucial legal decisions by the executive, legislative, and judicial branches that have led to the Internet’s success, and which now frame its constitution. I participated in many of these decisions and wrote more than a dozen law review articles and reports suggesting directions for public policy and law. This Article uses this foundation to consider the future, focusing on major legal controversies, the resolution of which will define the Internet’s third decade — either strengthening or undermining its constitution.

Keywords: Internet, constitution, technology, cyberspace, online, network

JEL Classification: K30, K39