Global law will be Responsive Law, at least with regard to Cyberspace

Law and Borders: The Rise of Law in Cyberspace

We take for granted a world in which geographical borders lines separating physical spaces are of primary importance in determining legal rights and responsibilities. Territorial borders, generally speaking, delineate areas within which different sets of legal rules apply. There has until now been a general correspondence between borders drawn in physical space (between nation states or other p...

There ought to be a law?

Invoking Law as a Basis for Identity in Cyberspace

¶1 On Sunday morning, Ms. B. dials into Prodigy, then logs on to the Prayer Line, a bulletin board storing messages from around the world. She scans a list of the most recent entries: Learning how to lean; Let me pray for you; My father; My mother’s stroke; National day of prayer; Please pray; Prayer for health; Ralph needs prayer; The father’s heart.1 These are the supplications of a group tha...

Disputes Solved in Cyberspace and the Rule of Law

The rapid growth of electronic commerce has brought with it an increasing number of distance (or even cross-border) transactions-and thus, disputes between parties located far from each other. Litigating and enforcing such disputes through the courts can be enormously expensive due to added costs (such as hiring local lawyers, travel and translation costs). This means that only the larger claim...

Attribution in Cyberspace: Challenges for U.S. Law Enforcement

"Who did it?" Attribution, some may argue, is a challenge "as old as crime and punishment." In the cyber realm too, criminal attribution is a key delineating factor between cybercrime and other threats. When investigating a given incident, law enforcement is challenged with tracing the action to its source and determining whether the actor is a criminal or whether the actor may be a terrorist o...