Cyberlaw is another term for internet law. Internet law cannot be seen as one solid, stable, and precise area of law, unlike other areas of law practice.
Instead, it imbibes and applies principles from various traditional areas of law, such as contract law or privacy law, which were in existence before the internet.
Internet law may include the below mentioned facets:
- Laws pertaining to website creation
- Laws controlling Internet Service Providers
- Laws related to how to link web pages
- Laws pertaining to domain name conflict resolution
- Laws controlling how trademarks are used online
As the internet is a relatively new development which is constantly evolving, laws pertaining to its use cannot be informed only by precedent or common law.
There is a significant level of ambiguity pertaining to what is permitted according to internet law. There is still a lot to discover and to decide. Usually, judges must apply other systems of law as best as possible to resolve cases.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.
Why is Internet Law a Special Case?
Internet low must be malleable enough to encompass countless real and theoretical possibilities, given its extensive and vast nature.
In addition, the internet is a global interface which means that it cannot be fully governed by the laws of any single geographical authority, such as the government of a specific country.
There are certainly some laws that communities abide by all over the world. However, some believe that the internet should be managed as if it were an entity in its own right, free from national policy.
Types of Internet Regulation
The internet is heavily censored in countries such as Saudi Arabia, China, and Iran. Besides such censorship, there are commonly four approaches to how the internet is monitored. These include:
- Laws: When trying to handle issues pertaining to the internet, most nations depend on legislation to mold behavior and manage policy. In areas such as child pornography, gambling, and fraud, internet law is particularly pertinent.
The issue is establishing how offenses can or should be handled. How can an internet website created on the other side of the globe be expected to follow the changing and usually confusing regulations of another country?
- Architecture: The term “architecture” relates to the actual technological restrictions of the internet. It covers everything that affects the transmission of information on the internet, ranging from search engines and filters to encryption and coding.
- Norms: Human behavior is dictated by cultural norms, whether on the internet or in real life. These can help fill the void created due to the lack of formal regulations. For example, in deleting offensive comments from an online platform, moderators rely on social norms and go above and beyond legal stipulations.
- Markets: Fluctuations in digital marketplaces also impact what occurs online. Concepts and behaviors that are unpopular will not be in demand and will fade away eventually. Similarly, if there is demand but excessive supply, the seller will need to provide more unique or diverse options. This can be an incentive for creativity, self-regulation, and ethical behavior.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
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