Unilateral Regulation of the Internet: A Modest Defence

Posted: 17 Sep 2000


This article analyses the conflicts-of-law problems that supposedly arise from the fact that every nation can unilaterally regulate every Internet transaction. It argues that the threat of multiple national regulation of Internet transactions is significantly exaggerated. It then examines a more serious problem: the spillover effects from unilateral national regulation. These spillovers do not affect the legitimacy of unilateral regulation, but they might argue for public and private harmonization strategies to eliminate the spillovers.

Unfortunately, the prospects for such harmonization are generally dim in many contexts. This means that unilateral national regulation will continue to be a primary vehicle of Internet regulation - a prospect that is not nearly as destructive of the Internet's future as conventional wisdom suggests.

Suggested Citation

Goldsmith, Jack Landman, Unilateral Regulation of the Internet: A Modest Defence. Available at SSRN: https://ssrn.com/abstract=233563

Jack Landman Goldsmith (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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