50 Pages Posted: 18 May 2002 Last revised: 13 Jul 2015
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.
Keywords: Internet, cyberspace, cyberlaw, Fourth Amendment
JEL Classification: k14, k30
Suggested Citation: Suggested Citation
By Bettina Chin
By Orin Kerr