The Problem of Perspective in Internet Law
Orin S. Kerr
The George Washington University Law School
91 Georgetown Law Journal 357 (2003).
This article shows how many disputes within Internet law are rooted in a common problem, the problem of perspective. Whenever we apply law to the Internet, we must first choose a perspective from which to model the facts of the Internet. Do we follow reality or virtual reality? We can adopt a user's internal perspective, and view the Internet as the virtual world of cyberspace, or else we can adopt an external perspective and view the Internet as a physical network. The article explains how the problem of perspective pervades the law of the Internet, and offers several strategies that courts can use to select a perspective in a given case.
Number of Pages in PDF File: 50
Keywords: Internet, cyberspace, cyberlaw, Fourth Amendment
JEL Classification: k14, k30
Date posted: May 18, 2002 ; Last revised: July 13, 2015