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



At 12.42 -0400 02-06-13, Jim Bauer wrote:
>We all know how stupid some of the recent cases have been WRT
>jurisdiction over the Internet.  If the pattern holds, everyone will
>always be subject to the jurisdiction of every last place on earth at
>the same time.
>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.

Yes, David Post pursues this idea. David Post, Associate Professor of Law
at the American Temple University School of Law sees Internet more a
physical space in a legal sense ("Cyberspace"), whic can demand its own
regulation
separate from that of nation states, governed by the market and preferably
by laissez-faire.

David Post's writings:
http://www.temple.edu/lawschool/dpost/writings.html

My take on Post's suggestions:
http://harvard.pawlo.com/vsn3eng.html

"As far as I am concerned, Internet is already regulated by national
legislation. This is because the Internet, as
opposed to Post's claim, is not an isolated phenomenon but part of society
with many of its principles having been established in early Rome. A
succesful regulation of Internet is, in Post's world, a lack
of regulation. Post's position is quite libertarian, but if one looks
closer at his argumentation, it becomes clear that Post's position is close
to that of Lessig's. The key difference between them is their
view of just how much the nation state should participate in the regulation
of the Internet. Lessig has a more positive view of state intervention than
Post."

Best Regards

Mikael Pawlo

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