Full title in original language:
The Problem of Perspective in Internet Law
Education level:
University University (18+ years)Topic / subtopic:
Cybercrime Cybercrime preventionTarget audience:
Policy makers
Type of resource:
Publication / Article
Languages:
English
Region of relevance:
Global
Access:
restricted access: requiring payment
Individual authors:
Orin S. Kerr
Publication year:
2003
Published by:
Georgetown Law Journal
Copyright holder:
© Georgetown Law Journal
Contact name and address:
Georgetown Law Journal
Contact email:
gljeditor@gmail.com
Key themes:
cybercrime, cybercrime prevention, crime, cybersecurity, cyber security, cybersecurity, internet law
Links:
Short description:
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.