A Borderless World: Realizing the Potential for Global Electronic Commerce
It seems that at a general level, most people's perspectives
on Internet regulation can be categorized according to three views: existing
means of regulation are fine, existing means of regulation are not fine
and we should find other means of regulation, or, it doesn't matter who
or how someone regulates, there shouldn't be any regulation at all.
I. Existing Laws and/or Lawmaking Systems
II. Existing Laws and Methods of Lawmaking are Inadequate; New Models Must be Developed
III. No Regulation, Leave it alone
Existing Laws and/or Lawmaking Systems
Donald T. Stepka, Obscenity On-Line: a Transactional Approach to Computer
Transfers of Potentially Obscene Material, Note http://www.law.cornell.edu/clr/905.html
(visited 3/5/98) (concluding that existing law is adequate for deciding
the usual on-line obscenity cases).
Dee Pridgen, How Will Consumers Be Protected On The Information Superhighway?,
32 Land & Water L. Rev. 237, 247 (1997) (because there is no legal
obstacle to the application of existing consumer protection laws in cyberspace,
at least to the category of "domestic" cyberspace transactions, the Federal
Trade Commission and state attorneys general could readily reach out to
regulate domestic commercial transactions).
Cass R. Sunstein, Constitutional Caution, 1996 U. Chi. Legal F. 361
(1996) (Although constitutional lawyers should be cautious, there is still
a role for them. "[i]n  period[s] of rapid change and technological uncertainty,
in which those schooled in law are likely to be ignorant, there is much
room for tentative, narrow judgments.")
Dennis W. Moore Jr., Regulation of the Internet and Internet Telephony
Through the Imposition of Access Charges, 76 Tex. L. Rev. 183 (1997) (existing
laws and regulations are sufficient; no new regulations).
William S. Byassee, Jurisdiction of Cyberspace: Applying Real
World Precedent to the Virtual Community, 30 Wake Forest L. Rev. 197 (1995)
(existing laws are inadequate; but the methods are sound, so we just need
Existing Laws and Methods of Lawmaking are
Inadequate; New Models Must be Developed
D. James Nahikian, Learning To Love "The Ultimate Peripheral"—Virtual
Vices Like "Cyberprostitution" Suggest A New Paradigm To Regulate Online
Expression, 14 J. Marshall J. Computer & Info. L. 779, 782-83 (1996)
("...this Comment demonstrates how Internet technology is creating a new
set of moral dilemmas that render Congress and the courts ill-equipped
to respond through traditional regulation.")
Dawn L. Johnson, It’s 1996: Do You Know Where Your Cyberkids Are? Captive
Audiences And Content Regulation On The Internet, 15 J. Marshall J. Computer
& Info. L. 51 (1996) ("...the legislature is not the appropriate entity
to regulate the content of constitutionally protected speech transmitted
by users of this rapidly developing communications medium.”).
Johnson, David R. and Post, David G., Law and Borders: The Rise of Law
in Cyberspace, 48 Stan. L. Rev. 1367 (1996) (efforts to control the flow
of electronic information across physical borders are likely to prove futile).
Robert W. Peters, There Is a Need to Regulate Indecency on the Internet,
6 Cornell J.L. & Pub. Pol'y 363, 363-64 (1997) (both laws like the
CDA and screening technology are needed to protect the right to live and
raise children in a decent
No Regulation, Leave it alone
John Perry Barlow, A Declaration of the Independence of Cyberspace <http://www.eff.org/pub/Publications/John_Perry_Barlow
("Governments of the Industrial World, you weary giants of flesh and steel,
I come from Cyberspace, the new home of Mind.... I declare the global
social space we are building to be naturally independent of the tyrannies
you seek to impose on us. You have no moral right to rule us nor do you
possess any methods of enforcement we have true reason to fear.").
Jason Kay, Sexuality, Live Without A Net: Regulating Obscenity And Indecency
On The Global Network, 4 S. Cal. Interdisciplinary L.J. 355, 387 (1995)
("Because government regulation has been unsuccessful, and self-regulation
has succeeded, the Internet should continue to be allowed to regulate itself.")
Keith J. Epstein and Bill Tancer, Enforcement of Use Limitations By
Internet Services Providers: "How To Stop That Hacker, Cracker, Spammer,
Spoofer, Flamer, Bomber", 9 Hastings Comm/Ent L.J. 661, 664 (1997) (Existing
Laws and Methods of Lawmaking are Inadequate; The Internet should be self-regulated).