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Conclusion Introduction Global computer-based communications cut across territorial borders, creating a new realm of human activity and undermining the feasibility--and legitimacy--of applying laws based on geographic boundaries.
While these electronic communications play havoc with geographic boundaries, a new boundary, made up of the screens and passwords that separate the virtual world from the "real world" of atoms, emerges. This new boundary defines a distinct Cyberspace that needs and can create new law and legal institutions of its own.
Territorially-based law-making and law-enforcing authorities find this new environment deeply threatening. But established territorial authorities may yet learn to defer to the self-regulatory efforts of Cyberspace participants who care most deeply about this new digital trade in ideas, information, and services.
Separated from doctrine tied to territorial jurisdictions, new rules will emerge, in a variety of online spaces, to govern a wide range of new phenomena that have no clear parallel in the nonvirtual world.
These new rules will play the role of law by defining legal personhood and property, resolving disputes, and crystallizing a collective conversation about core values. Breaking Down Territorial Borders A. Territorial Borders in the "Real World" We take for granted a world in which geographical borders--lines separating physical spaces--are of primary importance in determining legal rights and responsibilities: There has until now been a general correspondence between borders drawn in physical space between nation states or other political entities and borders in "law space.
The Trademark Example Consider a specific example to which we will refer throughout this article: Trademark law is distinctly based on geographical separations. Different countries have different trademark laws, with important differences on matters as central as whether the same name can be used in different lines of business.
In the United States, the same name can even be used for the same line of business if there is sufficient geographic separation of use to avoid confusion. A trademark owner must therefore also be constantly alert to territorially-based claims of abandonment, and to dilution arising from uses of confusingly similar marks, and must master the different procedural and jurisdictional laws of various countries that apply in each such instance.
Although they may be based on historical accident, geographic borders for law make sense in the real world. Their relationship to the development and enforcement of legal rules is logically based on a number of related considerations. Control over physical space, and the people and things located in that space, is a defining attribute of sovereignty and statehood.
For example, the U. The correspondence between physical boundaries and boundaries in "law space" also reflects a deeply rooted relationship between physical proximity and the effects of any particular behavior.
That is, Brazilian trademark law governs the use of marks in Brazil because that use has a more direct impact on persons and assets located within that geographic territory than anywhere else. We generally accept the notion that the persons within a geographically defined border are the ultimate source of law-making authority for activities within that border.
Similarly, allocation of responsibility among levels of government proceeds on the assumption that, for many legal problems, physical proximity between the responsible authority and those most directly affected by the law will improve the quality of decision making, and that it is easier to determine the will of those individuals in physical proximity to one another.
Physical boundaries are also appropriate for the delineation of "law space" in the physical world because they can give notice that the rules change when the boundaries are crossed. Proper boundaries have signposts that provide warning that we will be required, after crossing, to abide by different rules, and physical boundaries -- lines on the geographical map -- are generally well-equipped to serve this signpost function.
The Absence of Territorial Borders in Cyberspace Cyberspace radically undermines the relationship between legally significant online phenomena and physical location. The rise of the global computer network is destroying the link between geographical location and: The Net thus radically subverts a system of rule-making based on borders between physical spaces, at least with respect to the claim that cyberspace should naturally be governed by territorially defined rules.
Cyberspace has no territorially-based boundaries, because the cost and speed of message transmission on the Net is almost entirely independent of physical location: Messages can be transmitted from any physical location to any other location without degradation, decay, or substantial delay, and without any physical cues or barriers that might otherwise keep certain geographically remote places and people separate from one another.
Location remains vitally important, but only location within a virtual space consisting of the "addresses" of the machines between which messages and information are routed. The system is indifferent to the physical location of those machines, and there is no necessary connection between an Internet address and a physical jurisdiction.
Although a domain name, when initially assigned to a given machine, may be associated with a particular Internet Protocol address corresponding to the territory within which the machine is physically located e. Or, alternatively, the owner of the domain name might request that the name become associated with an entirely different machine, in a different physical location.
Physical borders no longer can function as signposts informing individuals of the obligations assumed by entering into a new, legally significant, place, because individuals are unaware of the existence of those borders as they move through virtual space.Aug 04, · According to the Philadelphia Inquirer, the percentage of African American and Latino applicants at Temple has increased by 22% and 26% since they .
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