Re: [dvd-discuss] Internet: an independent country?

[Lars Gaarden <larsg(at)eurorights.org>]

Jim Bauer wrote:
> 
> Has anyone pursued the idea of the Internet being "independent"?
> Either as its own country (assuming one can have a country without
> land), or perhaps more like how Antarctica is handled.

Some have been throwing around ideas about a "Lex Informatica".
http://ijgls.indiana.edu/archive/05/01/mefford.shtml

While a good start, a Lex Informatica built on the model of Lex
Mercatoria is too narrow. The merchant laws were built by, and for
merchants and only handled trade disputes. We do more than just trade
on the Internet, so we also need international courts and laws for
libel, free speech, etc.

One of the obvious problems with international dispute courts is
that you lack many of the checks and balances that are present in
national law (most nations have a constitution that guarantees
free speech, due process, the basic human rights and the division
of power between the legislative, executive and judicial branch).

It does not seem like a good idea to have an Internet where contract
law controls the choice of court/forum - especially when these
courts/forums are not controlled by a sensible constitution.

Domain name disputes is one obvious example - when you buy a com/net/org 
domain name you also sign a license saying that you agree to obey the
UDRP if there is a domain name dispute.
http://www.wired.com/news/politics/0,1283,37801,00.html
http://www.goodwinprocter.com/publications/dinger_h_12_25_00.pdf
http://www.dnlr.com/reporter/levyicann.shtml

-- 
LarsG