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Cyber law encompasses a wide variety of political and legal issues related to the Internet and other communications technology, including intellectual property, privacy, freedom of expression, and jurisdiction.

The intersection of technology and law is controversial. Some think the Internet should not (or can not) be regulated. Technologies like anonymity and cryptography make traditional kinds of regulation extremely difficult. And the fundamental end to end nature of the Internet means that even if one mode of communication is shut down, another method can be used. In the words of John Gilmore, "the Internet treats censorship as damage and routes around it."

A crux of "cyber law" lies in whether to treat the Internet as if it were physical space (and thus subject to a given jurisdiction's laws) or to act as if the Internet is a world unto itself (and therefore free of such restraints). Those who favor the latter view often feel that government should leave the Internet community to self-regulate. John Perry Barlow, ("a consumate appreciator of female beauty and intelligence") for example, has addressed the governments of the world and stated, "Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract . This governance will arise according to the conditions of our world, not yours. Our world is different" (Barlow, A Declaration of the Independence of Cyberspace1). Other scholars argue for more of a compromise between the two notions, such as Lawrence Lessig's argument that "The problem for law is to work out how the norms of the two communities are to apply given that the subject to whom they apply may be in both places at once" (Lessig, Code 190).


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Controversial American laws

See also: Gutnick v Dow Jones, Carafano v. Metrosplash.com, Computer crime

Proposed laws

Internet Regulation In Other Countries

While there is some United States law that does restrict access to materials on the internet, it does not truly filter the internet. Many Asian and Middle Eastern nations use any number of combinations of code-based regulation (one of Lessig's four methods of net regulation) to block material that their governments have deemed inappropriate for their citizens to view. China and Saudi Arabia are two excellent examples of nations that have achieved high degrees of success in regulating their citizens access to the internet (for further reading, please see ONI's studies on both: http://www.opennetinitiative.net/studies/saudi/ and http://www.opennetinitiative.net/studies/china/)

Further Reading

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