Regulation and Rights in Networked Space

30 Pages Posted: 11 Sep 2003

See all articles by A.D. Murray

A.D. Murray

London School of Economics - Law Department

Abstract

The Internet is often described as inherently free from regulation; a space where freedoms and liberties are guaranteed by the design of the network environment. The naivety of this view has, however, been exposed by commentators such as Shapiro, Reidenberg, and Lessig who have clearly demonstrated the inherent regulability of networked space. The question no longer is: can networked space be regulated? but rather, how and by whom is it regulated? This paper examines the regulation of rights in networked space. Property rights and rights to free speech, or free expression, are examined in relation to a number of issues that have emerged in the networked environment, or cyberspace. Its aim is to examine whether the embryonic regulatory structure of cyberspace, which has the advantage of starting with a completely clean slate, is sufficiently sympathetic to the unique qualities of this fledgling jurisdiction.

Suggested Citation

Murray, Andrew D., Regulation and Rights in Networked Space. Journal of Law and Society, Vol. 30, pp. 187-216, June 2003. Available at SSRN: https://ssrn.com/abstract=411157

Andrew D. Murray (Contact Author)

London School of Economics - Law Department ( email )

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