Joel Reidenberg's article on ways to enforce laws online

[Declan McCullagh <declan () well com>]

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From: "Joel Reidenberg" <reidenberg () sprynet com>
To: "Declan McCullagh" <declan () well com>
Subject: Provocative paper
Date: Fri, 30 Jan 2004 14:55:09 +0100
Organization: Fordham Law School

Declan,

Thought you might be interested in an article that has just gone online at
SSRN.  I suspect that you and many on your list would find the last section
rather provocative-- please feel free to circulate the URL:

"States and Internet Enforcement" Fordham School of Law, Pub-Law Research
Paper No. 41, forthcoming in Univ. of Ottawa Law & Tech. Journal (inaugural
issue 2004)  http://ssrn.com/abstract=487965 (there is a link toward the
bottom of the page to download the article in PDF)

Abstract:

This essay addresses the enforcement of decisions through Internet
instruments. Traditionally, a state's enforcement power was bounded by
territorial limits. However, for the online environment, the lack of local
assets and the assistance of foreign courts no longer constrain state
enforcement powers. States can enforce their decisions and policies through
Internet instruments. Online mechanisms are available and can be developed
for such pursuits. The starting point is a brief justification of Internet
enforcement as the obligation of democratic states. Next, the essay
describes the movement to re-engineer the Internet infrastructure by public
and private actions and argues that the re-engineering facilitates state
enforcement of legal and policy decisions. The essay maintains that states
will increasingly try to use network intermediaries such as payment systems
and Internet service providers as enforcement instruments. Finally and most
importantly, the essay focuses on ways that states may harness the power of
technological instruments such as worms, filters and packet interceptors to
enforce decisions and sanction malfeasance.


Regards,

Joel

//////////////////////////////////////////////////////////


2003/04 Academic Year

Visiting Professor, Universite de Paris-Sorbonne
Visiting Professor, Institut d'etudes politiques de Paris

Address:

69-71, Rue Defrance
94300 Vincennes
FRANCE
Tel: (33)(1) 43.98.14.01
Email: reidenberg () sprynet com


********************************************

Joel R. Reidenberg
Professor of Law
Fordham University School of Law
140 West 62nd Street
New York, NY 10023
Tel: 212-636-6843
Fax: 212-636-6899

Email: <reidenberg () sprynet com>
Web page: <http://reidenberg.home.sprynet.com>


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