The New Territorialism in the Not-So-New Frontier of Cyberspace

27 Pages Posted: 30 Jan 2014 Last revised: 30 Sep 2014

See all articles by William L. Reynolds

William L. Reynolds

University of Maryland Francis King Carey School of Law

Juliet M. Moringiello

Widener University - Commonwealth Law School

Date Written: 2014

Abstract

This Essay addresses the following questions: What jurisdictions should govern cyberspace problems? Are cyberspace problems different from those in the tangible world? If so, what are the implications for governance? We conclude that the judicial response to cyberspace governance has been mostly correct. After some adaptation problems (an early learning curve), courts have generally followed common law analogs to cyberspace problems. In other words, those problems are not treated as unique unless there is something special about the internet that suggests different resolutions are needed. There certainly is nothing to suggest that American courts or legislatures are trying to occupy the field of cyberspace law.

Keywords: Internet, communication

Suggested Citation

Reynolds, William L. and Moringiello, Juliet M., The New Territorialism in the Not-So-New Frontier of Cyberspace (2014). Cornell Law Review, Vol. 99, p. 1415, 2014, U of Maryland Legal Studies Research Paper No. 2014-10, Widener Law School Legal Studies Research Paper No. 14-10, Available at SSRN: https://ssrn.com/abstract=2386648

William L. Reynolds (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Juliet M. Moringiello

Widener University - Commonwealth Law School ( email )

3800 Vartan Way
Harrisburg, PA 17110-9380
United States
717-541-3917 (Phone)

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