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Henrik' s Six Steppingstones

Henrik' s Six Steppingstones

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Published by hssph
My Six steppingstones when doing research concerning public international computer networks (the "Internet")
My Six steppingstones when doing research concerning public international computer networks (the "Internet")

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Published by: hssph on Aug 13, 2010
Copyright:Attribution Non-commercial


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Henrik’sFIRST base:
Pure Online
No cross-border physical shipment or tangiblethings are involved, andAt least one user is a foreigner, that is, non-resident or non-national in the State or court’sforum in question
Transportation(physical items)
Transmission(bits -electronic)
Henrik’sSECOND base:
No one ownsCyberspace
The Internet should not belong to any single Stateor special group of StatesThe public international computer network issomething “given to mankind”
Henrik’sTHIRD base:
The discussion of Cyberspace issues should be limited 
Special International Internet Law will be neededonly for areas where the Internet fundamentallyhas created new issues and in cases whereborders have been crossedOther instances –use “old times” rules in publicinternational law, and not worth discussing herefor example order of tangible goods via theInternet should be regarded as nothing but amodern mail-order method. The goods still haveto be shipped physically and pass custom at theState-border 
Henrik’sFOURTH base:
No WorldwideJurisdiction besides Universal Jurisdiction
Worldwide jurisdiction
hasnever been allowed
for example Information warfare and Piracy (copyright infringement / illegaldownloading)
Universal jurisdiction
is ONLY allowed when theinternational communityhas accepted this for aLIMITED and SPECIFIC issue,
for example War-crime and Piracy (on the sea)
Henrik’sNew Term: “Global Jurisdiction” –a statute taken on its “wording” reaches all alien cybernautswho can be anywhere in the world

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